Search results for " PENALTY CLAUSE"

EFFICIENCY AND JUSTICE IN EUROPEAN CONTRACT LAW

2008

Abstract: In the last century, refl ections on contract law have been almost entirely dominated by classical contract theory and laissez–faire ideology, while open considerations of effi ciency and justice have played a marginal role. The rise of European contract law has gradually led to the abandonment of traditional arguments typical of national private laws and has sparked a growing debate on effi ciency and justice. This trend does not always contribute to the quality of the debate, as it is often ideologically polarized between ‘right wing’ arguments pleading in favour of marketoriented polices and ‘left wing’ arguments in support of consumers’ rights, both proposing solutions inspir…