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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.
List of contents
Comparative Constitutional Contract Law: A Question of Legal Culture.- The Constitutionalisation of Contract Law in Finland.- The Fundamental Right to Image, Contract and Third Parties in Spain: A Roadmap for Pluralist Private Relations?.- 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.- Somali Contract Law: Constitutional and Comparative Perspectives.- Engaging with Qualifying Principles in Nigerian Contract Law.- The Disabled Consumer and Educational Services Contracts in Brazil.- The Freedom to Contract and the Contract in the Constitution of Peru of 1993
About the author
Dr Luca Siliquini-Cinelli is a Lecturer in the School of Law, University of Dundee
Dr Andrew Hutchison is an Associate Professor in the Department of Commercial Law at the University of Cape Town.
Summary
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.
