Explore the vast range of titles available.

In Theologians and Contract Law, Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.

Debate on Martijn W Hesselink’s article: Reconstituting the code of capital: could a progressive European code of private law help us reduce inequality and regain democratic control?

This article investigates recent South African jurisprudence on the public/private divide in the law of gifts, based on the dichotomy between pub lic and private gifts. It analyses post-constitutional judgments in which South African High Courts and the Supreme Court of Appeal ostensibly accepted the existence of the divide in South African law. It also examines two recent judgments in which the South African Constitutional Court rejected the divide, albeit with some equivocation. The article questions the prudence of summarily proscribing the divide and, drawing comparatively on corre sponding aspects of Dutch law, suggests that the divide safeguards private autonomy and the free and voluntary exercise of the ius disponendi in the law of gifts. It proposes that courts exercise perceptive restraint when resolv ing policy-based challenges to private gifts. The article attends to the limited circumstances in which judicial intrusion on dispositive intent in the private sphere may be justified.

Purpose: The foundation of home ownership credit is a credit arrangement that incorporates the principle of freedom of contract and is created by banks acting as creditors and customers acting as debtors. Typically, the agreement takes the form of a standard agreement that the bank has created and is presenting to the client for approval.   Methods: This research is empirical legal research that is descriptive in nature. This study uses a qualitative method, which is a way to analyze the findings of studies that generate descriptive analytical data.   Results and Conclusion: The concept of freedom of contract is implemented through standard contracts. Actually, the purpose of the standard agreement was to facilitate the customer's ability to apply for credit or financing from banks right away. However, many of the rights of customers are unaddressed as a result of the banks creating boilerplate agreements.   Research implications: Therefore, in order to create a fair contract, it is necessary to evaluate banks' application of the principle of contractual freedom in loan contracts. Furthermore, the usual agreement provides both parties who guarantee with a kind of legal protection. The normal agreement that the Bank makes in its capacity as a creditor is one-sided and does not give the customer's rights much consideration.   Originality/value: All of the rights that consumers should be able to get are not, however, covered by this legal protection. Consequently, banks must incorporate the freedom of contract principle into credit agreements.

Contracts are constituted by their terms. The concept of a term has not received any theoretical attention. I present an analysis arguing that there are important normative reasons to attend to the conceptual analysis: unsound ideologies can be rooted out and the debate on contractual interpretation can be put on a surer foundation.

Boilerplate--the fine-print terms and conditions that we become subject to when we click \"I agree\" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets--pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm.Boilerplateis the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.

The article examines the peculiarities of the exercise of freedom of contract and freedom of entrepreneurial activity by state-owned enterprises in the USSR under the conditions of the state monopoly in the production of property goods, planned regulation of production and administrative-command economy in general. The author examines certain historical aspects of the formation of state-owned enterprises as subjects of property relations on the basis of state-owned industries. The article highlights the problems of granting state-owned enterprises with civil legal personality and their participation in property turnover within the framework of the concept of economic calculation, the impact of the planned approach on the scope of freedom of contract and freedom of entrepreneurship of state-owned enterprises in the course of their activities. The author determines the correlation between the plan and the contract as means of regulating property relations and outlines the functions of the contract in the property turnover of the USSR.

This is the first European study to conduct an extensive empirical research of startup charters. Our aim is to test whether the significant reforms of the law on the Italian società a responsabilità limitata (the GmbH-type limited liability company) were successful in making Italian corporate law more amicable towards startups and venture capital contracting techniques. We explain why, in the Italian context, charters provide significant information on financing deals, and we analyse more than 5000 charters of Italian startups. We find almost 200 charters that reflect the features predicted by the financial contracting theory, albeit with some significant variations in comparison to the US experience. The main one is that convertible preferred shares are not used. We report the large use of (non-convertible) participating preferred shares but also the increasing adoption of preferred shares that are functionally equivalent to US convertible non-participating preferred shares. The absence of convertibility mechanisms also explains the different structure of antidilution clauses in the Italian market. Hybrids are used to provide SAFE- and KISS-like contractual solutions. Co-sale clauses (tag-along and drag-along) are widespread and also highly standardized. US-like vesting schemes are equally observed. Some of the peculiarities we report depend on Italian law idiosyncrasies that are mainly the product of doctrinal constructions. However, corporate practice is pushing the envelope in its efforts to adapt Italian charters to startuppers’ and investors’ needs. From this standpoint, the Italian reforms look, though not completely, successful. Startup law appears to be transforming the European corporate law tradition.

The development of social relations requires changes in various spheres of human activity and, accordingly, in the relations between the state and society, between the state and the individual. In addition, one of the effective regulators of these relations is a treaty, which can be used in various spheres. To date, the science has not developed a unified view of the contract, and its issues are discussed by representatives of various scientific fields, with the contract being studied as a legal fact, agreement, legal relationship, document and in this regard is defined differently. Moreover, contractual relationship is in constant flux and suffer from changes caused by various factors of legal validity. Therefore, treaty law and the rules governing contractual obligations are given a great deal of attention during improving the process of reforming civil law and ensuring its further effective implementation in the CIS. Within the framework of the conducted research and comparative analysis of the legal bases and practice of application in the sphere of treaty law, the author has formulated grounded positions on the outlined and topical issues, which are as follows: (1) the peculiarities of the use of terminology in the context of the problem of interpretation of contract terms are revealed; (2) identified problems that arise during the termination of treaties in the CIS; (3) the influence of innovative technologies and globalization and the nature of contractual relations in the territory of the CIS countries are established; (4) approaches to ‘smart-contracts’ and a public contract are disclosed; (5) the discussion approaches to understanding the concept of ‘freedom of contract’ are analyzed; 6) a conditional list of the most pressing issues of contract law that arises in the CIS are formed.  

This article assesses the permissibility of interference in private autonomy under the good faith principle when payment service providers unilaterally terminate contracts with consumers. The protection of the interests of such consumers is impeded by the formal application of legal rules and contractual terms, which ultimately contradicts public interests, including combating money laundering and terrorism financing. To overcome this conflict, the article proposes a doctrinal approach according to which the bank’s right to withdraw from the contract unilaterally should be limited by the systemic and teleological interpretation of regulating rules in combination with the general civil principle of good faith, which, by analogy with the original source of the problem, is called a good faith based approach. One of the general frameworks for implementing this approach is respect for freedom of contract, which is limited by the non-discussion presumption, modern civil law practice, and legal regulation of a consumer’s interests. According to research based on EU and Latvian law, legal doctrine, and case law, there are also valid reasons to intervene in private autonomy that should be recognized as legally acceptable for restoring justice and contractual equality in favor of consumers.