The Role of the State in Contract Law: The Common-Civil Law Divide

  title={The Role of the State in Contract Law: The Common-Civil Law Divide},
  author={Mariana Pargendler},
  journal={LSN: Rights \& Remedies (Private Law - Contracts) (Topic)},
  • M. Pargendler
  • Published 6 October 2016
  • Law, Business
  • LSN: Rights & Remedies (Private Law - Contracts) (Topic)
This Article reveals a clear, but thus far overlooked, pattern in the comparative law of contracts. The civil law places more limits on the scope of contractual obligations, whereas the common law more forcefully constraints the remedies available for breach of contract. It then offers two interpretations for these differences. On the one hand, the civil and common law systems reflect a different role of the state in contract law. In the civil law, the state plays a greater part in all respects… 

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