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Immoral Contracts in Europe

Immoral Contracts in Europe

Author: Aurelia Colombi Ciacchi; Chantal Mak; Zeeshan Mansoor
Publisher: Larcier Intersentia Publishers
ISBN: 9781839700101
Published In: November 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,755.60

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Description
Contents

Details

Contracts are illegal not only when they contravene specific legal rules, but also when they are considered immoral or contrary to public policy. In this way rules of contract law also influence the exceptional and sometimes fragile relationship between law and morality. They determine which issues can be made the subject of a legally valid and enforceable agreement according to the values underlying the legal order to which they pertain. But despite their geographic proximity, shared history and common aim of a strong EU internal market there are remarkable differences in the underlying values of many European legal systems.

This book brings together a group of well renowned contract lawyers that analyse how their own legal systems deal with 12 interesting cases of morally dubious agreements, including for example suretyships, conditional contracts of succession, nuptial agreements, surrogacy agreements, contracts for sex work and, of course, usurious contracts. All inspired by real litigations adjudicated by courts and covering the questions of validity and enforceability, as well as the availability of remedies.

To give a comprehensive picture of immoral contracts across Europe, the national perspectives are complemented by chapters providing historical insights as well as an EU perspective. Throughout the book comprehensive analysis of the findings offers crucial insights into divergences and convergences and the decisive factors driving European thinking.

Part I. The Issue of Morality in the Development of European Contract Law

Immortal Contracts in Europe: The First Common Core

Immorality of Contracts in Europe: Four Approaches

Part II. Case Studies

Questionnaire

Case 1: Sex Work Contracts

Case 2: Contracts Promoting Sex Work

Case 3: Contracts Promoting Telephone Sex

Case 4: Contracts Promoting “Dwarf Throwing”

Case 5: Surrogate Motherhood Contracts

Case 6: Marriage Brokerage Contracts

Case 7: Nuptial Agreements