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The Transformation of Contract in Europe (Hardcover)
Loot Price: R4,394
Discovery Miles 43 940
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The Transformation of Contract in Europe (Hardcover)
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This book explores the evolution of contract law in England,
France, Germany and Italy during the last one hundred years from
the perspectives of law and its context. Dr Niglia's treatment of
contract law is fundamentally distinct from that in legal
comparativist studies. It reassesses classical descriptive,
analytical and normative positions and thoroughly submits that
contract law is not a legal abstraction. It is part of a more
concrete story of societal developments, the reflection of each
polity's legal and political order. In particular, the book
discovers an interaction between the core area of contract law, the
law of standard form contracts, and the socio-economic and
political history of the past century of England, France, Germany
and Italy. As such, it is argued that the law has been strongly
influenced by defining state 'choices' about the citizenry's
welfare and security. The key argument is provided that during the
course of the last decade--as a result of the epoch-making impact
of Community 're-regulatory' processes--a major transformation of
the legal structure has been gaining ground, alas yet unnoticed in
legal comparative studies. In the first instance, the book engages
those interested in contract law and its 'Europeanisation', in the
law of standard form contracts, and in comparative and
economico-legal aspects of contract law. However, this book will
also interest the reader expert in Community law, even if
unconcerned with contract law. It is a studious investigation into
one of the 'underworlds' of which European integration is composed.
It looks at certain aspects which are central to Community consumer
policy, and it presents an in-depth analysis of themaking and
enforcement of the directive on unfair terms in consumer contracts.
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