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Drawing on the experience of recognised experts from across a range of different fields and jurisdictions, this landmark publication tackles default rules in private law in comparative perspective. Often underestimated, but highly influential, default rules are non-mandatory rules that kick in where nothing else has been agreed or provided.
The contributions explore default rules from a variety of angles relevant to both scholarship and legal practice, including:
· behavioural aspects and the role of platform terms in the digital age;
· the remit and operation of defaults in different areas, ranging from contract and commercial law to succession, civil procedure and private international law;
· a comparison between Common law and Civilian approaches as well as the EU level;
· the perspectives of different 'players' engaged in the generation and application of default rules.
The contributions explore default rules from a variety of angles relevant to both scholarship and legal practice, including:
· behavioural aspects and the role of platform terms in the digital age;
· the remit and operation of defaults in different areas, ranging from contract and commercial law to succession, civil procedure and private international law;
· a comparison between Common law and Civilian approaches as well as the EU level;
· the perspectives of different 'players' engaged in the generation and application of default rules.
Drawing on the experience of recognised experts from across a range of different fields and jurisdictions, this landmark publication tackles default rules in private law in comparative perspective. Often underestimated, but highly influential, default rules are non-mandatory rules that kick in wh...
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作者简介
Birke Häcker is Schlegel Professor of Civil Law, Common Law and Comparative Law, and Director of the Institute of International and Comparative Private Law, University of Bonn, Germany.
Johannes Ungerer is Erich Brost Senior Research Lecturer in German Law, European and International Private Law at the Law Faculty and St Hilda's College, University of Oxford, UK, as well as Global Associate Professor of Law, University of Notre Dame (USA) in England.
Johannes Ungerer is Erich Brost Senior Research Lecturer in German Law, European and International Private Law at the Law Faculty and St Hilda's College, University of Oxford, UK, as well as Global Associate Professor of Law, University of Notre Dame (USA) in England.
Birke Häcker is Schlegel Professor of Civil Law, Common Law and Comparative Law, and Director of the Institute of International and Comparative Private Law, University of Bonn, Germany.
Johannes Ungerer is Erich Brost Senior Research Lecturer in German Law, European and International Private Law ...
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