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European Contract Law and the Creation of Norms

Book | 1st edition 2021 | Europe | Stefan Grundmann, Mateusz Grochowski
Description

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.

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Stefan Grundmann is Professor of Transnational Law and Theory at the European University Institute, Florence, Italy, and Professor of Private and Business Law at Humboldt-University, Berlin, Germany.

Mateusz Grochowski is a Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law, Hamburg, Germany, Assistant Professor at the Institute of Law Studies of the Polish Academy of Sciences, Warsaw, and Fellow at the Information Society Project, Yale Law School, United States.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780689654 / 9781839701412
Series name European Contract Law and Theory
Weight 536 g
Status Available
Number of pages xvi + 310 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Mar 2, 2021
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No
Chapters

Downloads

  • Table of Contents and Preliminary Pages
    Stefan Grundmann, Mateusz Grochowski
  • PART I. ARCHITECTURE
  • The Creation of Norms: An Evolutionary View on European Contract Law
    Stefan Grundmann, Mateusz Grochowski
  • PART II. BASIS OF NORMS: VALUES AND JURISDICTIONS
  • Good Faith as Contract’s Core Value
    Daniel Markovits
  • The Rule of Law and the Charter of Fundamental Rights as a Source of European Private Law
    Hugh Collins
  • 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 Normsand Transnational Governance
    Horatia Muir Watt
  • PART IV. PARTY AUTONOMY AS A BASIS FOR NORMS
  • Ambiguities of Self-Regulation: Some Illustrative Examples of ‘Good’ Companies’ Certification
    Florian Möslein
  • Contract Law under Regulatory Siege – Revival of Contract Law? Standardisation, Regulation and Consent
    Hans-W. Micklitz
  • Default Rules Beyond a State: Special-Purpose Lawmakers in the Platform Economy
    Mateusz Grochowski
  • PART V. CASE LAW AND CREATION OF NORMS
  • European Contract Law in the EU Court of Justice’s Case Law
    Camelia Toader
  • Potential and Hurdles for the CJEU’s Jurisprudence in Domestic Legal Orders: A Polish Case Study
    Aneta Wiewiórowska-Domagalska