Judicial discretion under the new Civil Code of the Netherlands
Centro di studi e ricerche di diritto comparato e straniero, 1992 - Law - 29 pages
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abuse of rights bona fides certainty and predictability chapter Civil Law Codification clauses Code art Code Napoleon codified law commercial law consideration contract law courts are free criteria of reasonableness decided develop the law Deventer doctrine Dutch Civil Code Dutch law Dutch legislator English Law exist extent faith family law fault flexibility foresee formation of contract free to further German important interest judge-made law judiciary law of damages law of obligations law of property law of tort law systems legal scholars mentioned Netherlands non-performance null nullity obligation to pay olandese old Code open-ended concepts Patrimonial Law pay damages person pertaining to proper plaintiff private law provided that contracts public authorities public permissions reasonableness and equity recodification relationship relevant result rule of unwritten scope sense statutory provision suppletive supra Supreme Court Swiss Civil Code things third party tort law Tunc unlawful act unwritten law pertaining valid vicarious liability violation Vranken