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The Influence of Human Rights and Basic Rights in Private Law (Hardcover, 1st ed. 2016)
Loot Price: R7,025
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The Influence of Human Rights and Basic Rights in Private Law (Hardcover, 1st ed. 2016)
Series: Ius Comparatum - Global Studies in Comparative Law, 15
Expected to ship within 12 - 19 working days
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This book provides a comparative perspective on one of the most
intriguing developments in law: the influence of basic rights and
human rights in private law. It analyzes the application of basic
rights and human rights, which are traditionally understood as
public law rights, in private law, and discusses the related
spillover effects and changing perspectives in legal doctrine and
practice. It provides examples where basic rights and human rights
influence judicial reasoning and lead to changes of legislation in
contract law, tort law, property law, family law, and copyright
law. Providing both context and background analysis for any
critical examination of the horizontal effect of fundamental rights
in private law, the book contributes to the current debate on an
important issue that deserves the attention of legal practitioners,
scholars, judges and others involved in the developments in a
variety of the world's jurisdictions. This book is based on the
General Report and national reports commissioned by the
International Academy of Comparative Law and written for the XIXth
International Congress of Comparative Law in Vienna, Austria, in
the summer of 2014.
General
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