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European Contract Law and the Creation of Norms

European Contract Law and the Creation of Norms

Author: Stefan Grundmann; Mateusz Grochowski
Publisher: Intersentia Publishers
ISBN: 9781780689654
Published In: March 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,250.20

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Description
Contents

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The book provides a broad and topical perspective of the sources of modern contract law. It examines the creation of contract law as a multi-pronged occurrence that involves diverse types of normative content and various actors. The book encompasses both a classical perspective on contract law as a state-created edifice and also delves into the setting of contractual rules by non-state actors. In so doing, the volume thoroughly analyses present-day developments to make sense of shifting attitudes towards the overall regulatory paradigm of contract law and those that reshape the classic view of the sources of contract law. The latter concerns, in particular, the digitalisation of markets and growing trends towards granularisation and personalisation of rules.

The book builds on the EU private law perspective as its primary point of reference. At the same time, its reach goes far beyond this domain to include in-depth analysis from the vantage points of general contract theory and comparative analysis. In so doing, it pays particular attention to theoretical foundations of sources of contract law and values that underpin them. By adopting such diversified perspectives, the book attempts to provide for a better understanding of the nature and functions of present-day contract law by capturing the multitude of social and economic dynamics that shape its normative landscape.

The volume gathers a unique and distinguished group of contributors from the EU, USA and Israel. They bring research experience from various areas of private law and contribute with diverse conceptual perspectives.

PART I. ARCHITECTURE

The Creation of Norms: An Evolutionary View on European Contract Law

PART II. BASIS OF NORMS: VALUES AND JURISDICTIONS

Good Faith as Contract’s Core Value

The Rule of Law and the Charter of Fundamental Rights as a Source of European Private Law

The Polish Civil Law Codification Commission Working on the Draft of the New Civil Code

PART III. PARTY AUTONOMY AND SELECTION OF NORMS

Types of Contracts and Law’s Autonomy-Enhancing Role

Legislative Options for Regulating Optional Rules

A Private International Law Perspective on the Creation of Norms and Transnational Governance

PART IV. PARTY AUTONOMY AS A BASIS FOR NORMS

Ambiguities of Self-Regulation: Some Illustrative Examples of ‘Good’ Companies’ Certification