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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Immoral Contracts in Europe (Paperback)
Loot Price: R4,796
Discovery Miles 47 960
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Immoral Contracts in Europe (Paperback)
Series: Common Core of European Private Law, 2
Expected to ship within 9 - 17 working days
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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.
General
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