Default Rules in Private Law
Published on 18. September 2025
Book
Hardback
288 pages
978-1-5099-7352-1 (ISBN)
Description
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.
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.
More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Dimensions
Height: 240 mm
Width: 161 mm
Thickness: 20 mm
Weight
599 gr
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 Classification
Other editions
Additional editions
Birke Haecker | Johannes Ungerer
Default Rules in Private Law
E-Book
09/2025
1st Edition
Hart Publishing
€111.99
Available for download
Persons
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.
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.
Content
Preface
List of Contributors
1. A Comparative Introduction to Default Rules, Birke Haecker (University of Bonn, Germany)
2. Regulation by Means of Default Rules, Alexander Hellgardt (University of Augsburg, Germany)
3. Behavioural Aspects of Default Rules, Genevieve Helleringer (University of Oxford, UK)
4. Digitising Defaults: Methods and Mechanisms of Generating Default Rules in the Digital Age, Florian Moeslein (University of Marburg, Germany)
5. Default Rules in the Common Law: Substantive Rules and Precedent, Philip Sales (Supreme Court of the United Kingdom)
6. Default Rules as a Means of European Integration, Juergen Basedow (Max Planck Institute for Comparative and International Private Law, Germany)
7. Default Rules in Contract Law, John Cartwright (University of Oxford, UK)
8. The Nature and Function of Default Rules in English Consumer Contract Law, Simon Whittaker (University of Oxford, UK)
9. The Nature and Function of Default Rules in Commercial Law, Louise Gullifer (University of Cambridge, UK)
10. Default Norms in Labour Law: From Private Right to Public Law, Alan Bogg (University of Bristol, UK)
11. The Nature and Function of Default Rules in Succession Law: A Comparative Analysis, Gregor Christandl (University of Graz, Austria)
12. The (Changing) Role of Default Rules in Civil Procedure and Arbitration, Giesela Ruehl (Humboldt University of Berlin, Germany)
13. Private International Default Rules, Johannes Ungerer (University of Oxford, UK)
List of Contributors
1. A Comparative Introduction to Default Rules, Birke Haecker (University of Bonn, Germany)
2. Regulation by Means of Default Rules, Alexander Hellgardt (University of Augsburg, Germany)
3. Behavioural Aspects of Default Rules, Genevieve Helleringer (University of Oxford, UK)
4. Digitising Defaults: Methods and Mechanisms of Generating Default Rules in the Digital Age, Florian Moeslein (University of Marburg, Germany)
5. Default Rules in the Common Law: Substantive Rules and Precedent, Philip Sales (Supreme Court of the United Kingdom)
6. Default Rules as a Means of European Integration, Juergen Basedow (Max Planck Institute for Comparative and International Private Law, Germany)
7. Default Rules in Contract Law, John Cartwright (University of Oxford, UK)
8. The Nature and Function of Default Rules in English Consumer Contract Law, Simon Whittaker (University of Oxford, UK)
9. The Nature and Function of Default Rules in Commercial Law, Louise Gullifer (University of Cambridge, UK)
10. Default Norms in Labour Law: From Private Right to Public Law, Alan Bogg (University of Bristol, UK)
11. The Nature and Function of Default Rules in Succession Law: A Comparative Analysis, Gregor Christandl (University of Graz, Austria)
12. The (Changing) Role of Default Rules in Civil Procedure and Arbitration, Giesela Ruehl (Humboldt University of Berlin, Germany)
13. Private International Default Rules, Johannes Ungerer (University of Oxford, UK)