European Conceptions on Hardship – A Comparative Study on German, English and French Law
European Conceptions on Hardship – A Comparative Study on German, English and French Law
Author(s): Andrei DrăganSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: hardship; pacta sunt servanda; autonomy of the will; rationalism; objective;
Summary/Abstract: This paper tries to offer a comparative study on the concept of hardship as (and if) it is defined or accepted in German, English and French legal cultures. I will briefly explore the historical contexts of the mentioned private law cultures and try to establish the reasons why they differ in their conceptions of the notion of hardship. Finally, the article will also seek to determine which of the three conceptions is closest to the way it is defined in existing projects for a European Civil Code, such as the Principles of European Contract Law and the Draft Common Frame of Reference.
Journal: Revista Română de Drept Comparat
- Issue Year: 2016
- Issue No: 01
- Page Range: 75-87
- Page Count: 13
- Language: English
- Content File-PDF