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Waves in Contract and Liability Law in Three Decades of Ius Commune: Ius Commune Europaeum

Autor Anne Keirse, Marco (Professor of Private Law at the University of Amsterdam) Loos
en Limba Engleză Paperback – 22 noi 2017
This book revolves around major legal developments in the fields of European contract law and tort law from 1981 to today. It examines whether similarities or divergences can be observed, and how opposing concepts such as weaker party protection (consumers as well as SME) and freedom of contract and fault principle are balanced. It also focuses on Europeanisation and constitutionalisation of both contract and tort law, and the need to adjust the law in response to digitalisation and new technological, environmental, or financial risks. Furthermore, the law of obligations nowadays emerges from very different sources and directions (top-down, bottom-up, but also crossing-over and diagonal). Norms of the law of obligations are not only being made by national legislators and courts, but also by European institutionalised lawmakers and (increasingly important) by private actors, organisations, and networks. This book illustrates that the law of obligations evolves in a continuing process of waves. Contradictory tendencies in contract law alternate in focuses on the demands of the free market and the core value of party autonomy on the one hand, and on the concept of fairness and weaker-party protection on the other hand. (Series: Ius Commune Europaeum, Vol. 158) Subject: Contract Law, European Law, Tort Law]
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Specificații

ISBN-13: 9781780686028
ISBN-10: 1780686021
Pagini: 218
Dimensiuni: 172 x 236 mm
Greutate: 0.37 kg
Editura: INTERSENTIA
Seria Ius Commune Europaeum


Descriere

This book revolves around major legal developments in the fields of European contract law and tort law from 1981 to today and examines whether similarities or divergences can be observed.