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

@article{Pargendler2016TheRO,
  title={The Role of the State in Contract Law: The Common-Civil Law Divide},
  author={M. Pargendler},
  journal={LSN: Rights \& Remedies (Private Law - Contracts) (Topic)},
  year={2016}
}
  • M. Pargendler
  • Published 2016
  • Economics
  • 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… Expand
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References

SHOWING 1-10 OF 62 REFERENCES
Contract Law in the Welfare State: A Defense of the Unconscionability Doctrine, Usury Laws, and Related Limitations on the Freedom to Contract
  • E. Posner
  • Economics
  • The Journal of Legal Studies
  • 1995
Conventional theories of contract law do not satisfactorily account for laws that restrict contractual freedom, such as usury laws, the unconscionability and related doctrines, and certain bankruptcyExpand
Embedded Options and the Case Against Compensation in Contract Law
Despite the fact that compensation is the governing principle in contract law remedies, it has tenuous historical, economic and empirical support. A promisor's right to breach and pay damages (whichExpand
The Evolution of Contract Remedies (and Why Do Contracts Professors Teach Remedies First?)
This essay traces the evolution of the scholarly understanding of contract remedies, beginning with the era in which the compensation principle and expectation damages dominated. Fuller and Perdue’sExpand
Economic Analysis of Contract Law after Three Decades: Success or Failure?
Law and economics has failed to produce plausible descriptive theories of contract doctrines. This paper documents these failures and suggests that they are due to a methodological problem involvingExpand
Diverging Perspectives on Electronic Contracting in the U.S. and EU
Electronic Contracting - understood broadly to include both the Internet downloading of free or purchased software and the use of rolling contracts (shrink-wrap or terms in the box) in the sale ofExpand
A Next Step in Debt Enforcement: the Merger of Debt Help and Debt Collection
Since the 1990s, each Member State of the European Union designed a policy that infused the liberal American fresh start policy into its own social institutions and legal culture. Especially inExpand
The Paradoxical Bankruptcy Discharge: Rereading the Common Law-Civil Law Relationship
The recent global trends in personal bankruptcy policy – in particular, the European tendency to introduce discharge of consumer debt – represents a unique opportunity to have a second and deeperExpand
The Impact of EU Unfair Contract Terms Law on U.S. Business-to-Consumer Internet Merchants
When the Court of Appeals for Versailles issued its decision in AOL France v. UFC Que Choisir2 in September 2005, it sent the message to U.S. Internet businesses that even contractual boilerplateExpand
Optimal Penalties in Contracts
Contract law’s liquidated damage rules prevent enforcement of contractual damage measures that require the promisor, if it breaches, to transfer to the promisee a sum that exceeds the net gain theExpand
Liquidated Damages, Penalties and the Just Compensation Principle: Some Notes on an Enforcement Model and a Theory of Efficient Breach
Professor of Law, University of Virginia School of Law, A.B., 1961, Providence College; Ph.D., 1964, University of Virginia. * Professor of Law, University of Virginia School of Law; B.A., 1965,Expand
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