Justifying Contract in Europe

Justifying Contract in Europe

EnglishHardback
Hesselink Martijn W.
Oxford University Press
EAN: 9780192843654
On order
Delivery on Wednesday, 15. of January 2025
CZK 3,213
Common price CZK 3,570
Discount 10%
pc
Do you want this product today?
Oxford Bookshop Praha Korunní
not available
Librairie Francophone Praha Štěpánská
not available
Oxford Bookshop Ostrava
not available
Oxford Bookshop Olomouc
not available
Oxford Bookshop Plzeň
not available
Oxford Bookshop Brno
not available
Oxford Bookshop Hradec Králové
not available
Oxford Bookshop České Budějovice
not available
Oxford Bookshop Liberec
not available

Detailed information

This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.
EAN 9780192843654
ISBN 0192843656
Binding Hardback
Publisher Oxford University Press
Publication date June 22, 2021
Pages 512
Language English
Dimensions 240 x 163 x 33
Country United Kingdom
Authors Hesselink Martijn W.
Series Collected Courses of the Academy of European Law