Title: Freedom of contract as freedom from unconscionable contracts
Abstract:‘Conceptualising unconscionability in Europe’ means also conceptualising the relationship between freedom of contract and protection from unconscionable contracts. Freedom of contract and protection o...‘Conceptualising unconscionability in Europe’ means also conceptualising the relationship between freedom of contract and protection from unconscionable contracts. Freedom of contract and protection of vulnerable parties in contract law have traditionally been understood as antagonistic, conflicting principles. Legislative rules or doctrines providing remedies against unconscionable contracts are mostly seen as exceptions to the principle of freedom of contract. The high rank of this principle, which relies on the liberty and autonomy of private individuals vis-à-vis public powers, leads to the assumption that exceptions to freedom of contract should possibly be avoided, or, at least, restricted to a minimum.Read More
Publication Year: 2010
Publication Date: 2010-06-24
Language: en
Type: book-chapter
Indexed In: ['crossref']
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Cited By Count: 1
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Title: $Freedom of contract as freedom from unconscionable contracts
Abstract: ‘Conceptualising unconscionability in Europe’ means also conceptualising the relationship between freedom of contract and protection from unconscionable contracts. Freedom of contract and protection of vulnerable parties in contract law have traditionally been understood as antagonistic, conflicting principles. Legislative rules or doctrines providing remedies against unconscionable contracts are mostly seen as exceptions to the principle of freedom of contract. The high rank of this principle, which relies on the liberty and autonomy of private individuals vis-à-vis public powers, leads to the assumption that exceptions to freedom of contract should possibly be avoided, or, at least, restricted to a minimum.