Application of Mandatory Rules in the Private International Law of Contracts - A Critical Analysis of Approaches in Selected Continental and Common Law Jurisdictions, with a View to the Development of South African Law (Paperback, New edition)

The application of mandatory rules in private international law of contracts is a controversial topic of growing international concern. Legislatures are increasingly intervening in private contracts in order to protect the economic interests of state, or the interests of vulnerable groups, such as consumers or employees. This thesis addresses two major contexts in which the application of mandatory rules arises, namely the restriction of party autonomy by the application of certain mandatory rules of a law, other than the chosen law, and the application of internationally mandatory rules of the forum, the proper law and, most controversially, of a third country. Approaches of academic writing, case law, legislature, and treaties in England, Germany and Switzerland are compared and critically analysed. Paying also attention to the legal situation in South Africa, the analysis results to provide guidelines for the application of mandatory rules in private international law of contracts.

General

Imprint:	Peter Lang Ag
Country of origin:	Switzerland
Release date:	November 2010
First published:	2010
Authors:	Kerstin Ann Susann Schafer
Dimensions:	210 x 148 x 21mm (L x W x T)
Format:	Paperback
Pages:	368
Edition:	New edition
ISBN-13:	978-3-631-55176-9
Categories:	Books > Law > Jurisprudence & general issues > Comparative law Books > Law > International law > General Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law Promotions
LSN:	3-631-55176-2
Barcode:	9783631551769

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