Justifying Contract in Europe: Political Philosophies of European Contract Law 1st Edition

Justifying Contract in Europe: Political Philosophies of European Contract Law 1st Edition – Ebook Instant Download/Delivery ISBN(s): 9780192843654,9780192655721,9780192655738,0192843656,0192655728,0192655736

Product details:

• ISBN-10: 0192655736
• ISBN-13: 9780192655738
• Author: Martijn W. Hesselink

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.

Table contents:

1. Introduction
2. Context
3. Democratic Basis
4. National, European, or Global
5. Binding Force and Remedies
6. Weaker Party Protection
7. Public Policy and Good Morals
8. Optionality
9. Concluding Remarks

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