Drawing on the experience of recognised experts from across a range of different fields and jurisdictions, this landmark publication tackles default rules in private law in comparative perspective. Often underestimated, but highly influential, default rules are non-mandatory rules that kick in where nothing else has been agreed or provided.
The contributions explore default rules from a variety of angles relevant to both scholarship and legal practice, including:
? behavioural aspects and the role of platform terms in the digital age;
? the remit and operation of defaults in different areas, ranging from contract and commercial law to succession, civil procedure and private international law;
? a comparison between Common law and Civilian approaches as well as the EU level;
? the perspectives of different 'players' engaged in the generation and application of default rules.
Reihe
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Maße
Höhe: 234 mm
Breite: 156 mm
ISBN-13
978-1-5099-7352-1 (9781509973521)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Birke Haecker is Schlegel Professor of Civil Law, Common Law and Comparative Law, and Director of the Institute of International and Comparative Private Law, University of Bonn, Germany.
Johannes Ungerer is Erich Brost Senior Research Lecturer in German Law, European and International Private Law at the Law Faculty and St Hilda's College, University of Oxford, UK, as well as Global Associate Professor of Law, University of Notre Dame (USA) in England.
Herausgeber*in
University of Bonn, Germany
University of Oxford, UK
Part 1: General Aspects of Default Rules
1. A Comparative Introduction to Default Rules
2. Regulation by Means of Default Rules
3. Behavioural Aspects of Default Rules
4. Digitizing Defaults: Methods and Mechanisms of Generating Default Rules in the Digital Age
5. Default Rules in the Common Law: Substantive Rules and Precedent
6. Default Rules from the Point of View of the Law Commission
7. Default Rules as a Means of European Integration
Part 2: Default Rules in Different Fields
8. Default Rules in Contract Law
9. Default Rules in Consumer Contract Law
10. Default Rules in Commercial and Corporate Finance Law
11. Default Rules in Employment Law
12. Default Rules in Succession Law
13. The (Changing) Role of Default Rules in Civil Procedure (and Arbitration) Private International Default Rules
