Fundamental Rights, Contract Law and the Protection of the Weaker Party: A Comparative Analysis of the Constitutionalisation of Contract Law, with Emphasis on Risky Financial Transactions

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sellier. european law publ., 2007 - Law - 629 pages
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Originally, contract law was considered to be immune from the effect of fundamental rights, the function of which was limited to individual defenses against the vigilant eye of the state. This traditional view, however, has recently been put under pressure as a result of fundamental rights increasingly becoming relevant for contract law. This book discusses the relationship between fundamental rights and private law in general - in Germany, the Netherlands, and the UK, as well as in EU law and the law of the European Court of Human Rights - against the background of the underlying rationale for the distinction between public and private law as it has developed on the continent. Additionally, the book examines whether and, if so, how the interests of the weaker party can be protected on the level of fundamental rights and contract law. The final section of the book builds upon the insights and conclusions drawn from the theoretical and practical perspectives to develop recommendations regarding the desirable extent of the constitutionalization of contract law.

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About the author (2007)

Olha O. Cherednychenko is Lecturer in Private Law at the Free University of Amsterdam.

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