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
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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advisory relationship apply approach Article bank Bürgschaft business rules BVerfG client common law Compare concluded conduct of business contract law Convention rights corrective justice creditor customer’s decision direct horizontal effect distributive justice Dutch law duties of care duties to protect duty to inform EC freedoms EC law ECHR ECtHR effect of fundamental English law European example execution-only relationship execution-only services family sureties financial instruments freedom of contract fundamental rights German law Human Rights indirect effect informed consent interests investment advice investment firm investment services providers investment transactions investor protection issue know your customer legal systems legislation Lüth obligations particular potential principal debtor principle private autonomy private law courts private parties protect constitutional rights public law Rabobank relationship between fundamental relationships between private rights and contract rights and private risks involved risky financial transactions scope Supreme Court suretyship contract theory of indirect tion weaker party