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={Law & Society: Private Law - Contracts eJournal},
  year={2016}
}
  • M. Pargendler
  • Published 2016
  • Economics
  • Law & Society: Private Law - Contracts eJournal
  • 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… CONTINUE READING
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