Justifying Contract in Europe - Political Philosophies of European Contract Law
HESSELINK Martijn W.
Description du produit
- Catégories: Contrats & Obligations
- Editeur: OUP - Oxford University Press
- ISBN: 9780192843654
- Date de publication: 22/06/2021
- Reliure : Broché
- Nombre de page : 512
- Langue: Anglais
Résumé
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.
Table des matières
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