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European Contract Law and the Creation of Norms

Edited by: Stefan Grundmann, Mateusz Grochowski

ISBN13: 9781780689654
Published: March 2021
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £94.00



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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.

Subjects:
Contract Law, EU Law
Contents:
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
Contract Law under Regulatory Siege – Revival of Contract Law? Standardisation, Regulation and Consent
Default Rules Beyond a State: Special-Purpose Lawmakers in the Platform Economy
PART V. CASE LAW AND CREATION OF NORMS
European Contract Law in the EU Court of Justice’s Case Law
Potential and Hurdles for the CJEU’s Jurisprudence in Domestic Legal Orders: A Polish Case Study