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Rules and Principles in European Contract Law (Paperback)
Loot Price: R1,594
Discovery Miles 15 940
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Rules and Principles in European Contract Law (Paperback)
Series: European Contract law and Theory, 1
Expected to ship within 12 - 17 working days
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Total price: R1,614
Discovery Miles: 16 140
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In its case law the Court of Justice of the European Union has
acknowledged general principles of EU law, which have a
constitutional status. In addition the Court of Justice has also
recognised 'general principles of civil law', relying upon values
which are traditionally rooted in the domain of private law.The
pervasive use of principles, both in the case law of the Court of
Justice and in other EU projects of 'soft' and 'hard' law,
challenges legal scholarship. Although the concepts of principles
and rules have been widely discussed within the context of national
legal orders, they need to be rethought at the European level,
because the traditional view of a principle does not fit the
European Union's constitutional architecture. This also applies to
the general principles of civil law, for instance good faith. They
also have to be redefined to be consistent with the European
Union's legal order.The contributions in this book examine EU
general principles and their distinction from rules both within the
context of the European Union as well as of the Member States.
Moreover, they focus on the relevance of EU general principles for
contract law and of principles of civil law for a European contract
law.
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