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Vol 25 No 2 Feb/March 2020

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More Constitutional Dimensions of Contract Law: A Comparative Perspective

Edited by: Luca Siliquini-Cinelli, Andrew Hutchison

ISBN13: 9783030151065
Published: July 2019
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £99.99

Despatched in 11 to 13 days.

This second volume on the constitutional dimension of contract law explores this increasingly relevant subject in jurisdictions that are usually overlooked by mainstream scholarship in the English-speaking world. With chapters on Finland and other Nordic Countries from a comparative perspective, Spain, Japan, Somalia, Nigeria, Brazil, and Peru, the contributions presented here offer much-needed, context-informed insights on whether – and if so, why, how and to what extent – the development of contract law is being influenced by constitutional values and fundamental rights issues (or vice-versa).

The book represents a valuable addition to comparative law literature on the interplay between public (i.e., constitutional) and private (i.e., contract) law by revealing the inner dynamics through which these two branches interact and (at times) inform each other, whilst also enhancing our understanding of the law’s nature, function, and transformative potential at the macro, meso, and micro levels.

Constitutional and Administrative Law, Contract Law
Comparative Constitutional Contract Law: A Question of Legal Culture (Siliquini-Cinelli/Hutchison)
The Constitutionalism of Contract Law in Finland (Husa/Karhu)
The Fundamental Right to Image, Contract and Third Parties in Spain: A Roadmap for Pluralist Private Relations (Munoz/ Garcia)
Regulation of Contracts according to 'Public Policy or Good Morals' in Japan - Focusing on the Relationship between the General Provision in the Civil Code and the Fundamental Rights in the Constitution (Kihara)
Somali Contract Law: Constitutional and Comparative Perspectives (Mancuso)
Engaging with Qualifying Principles in Nigerian Contract Law (Oedoe/Odiaka)
The Disabled Consumer and Educational Services Contracts in Brazil (Abreu Barroso/Catalan)
The Freedom to Contract and the Contract in the Constitution of Peru of 1993 (Barron)