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KDEC 5075 - EUROPEAN CONTRACT LAW AND JUSTICE

Type d'enseignement : Seminar

Semester : Spring 2017-2018

Number of hours : 24

Language of tuition : English

Pre-requisite

None.

Course Description

The course explores the relationship between the Europeanisation of contract law and justice. To this end, we will address fundamental political questions of European contract law from the perspectives of leading contemporary political theories. The focus will be on six main political theories, i.e. utilitarianism (including normative law & economics), liberal-egalitarianism (or social-democracy), libertarianism (or neo-liberalism), communitarianism, civic republicanism and discourse theory, and on six main questions, i.e. 1) who are the most legitimate contract law makers (judges legislators or professors); 2) whether contract law should be European (or national, global or regional); 3) why and how contracts should be legally enforceable (binding force and remedies); 4) whether contract law should protect weaker parties (eg consumers); 5) whether the freedom of contract may be limited for reasons of public policy or public morality; and 6) to what extent contract law may be optional. These normative questions will not be discussed in the abstract but, on the contrary, in connection with prominent examples from EU and national contract laws.

Teachers

HESSELINK, Martijn (Professeur des universités)

Course validation

Written examination.

Required reading

(a minimum of one text, 5 maximum, which will be available in the course reader). Manuscript, will be made available in electronic form.