The Constants of the Disposition Principle versus the Challenges in the Field of Private Law
The Constants of the Disposition Principle versus the Challenges in the Field of Private Law

Summary/Abstract: The disposition principle is found illo tempore, enshrined in civil procedural rules. At the same time, through its content this principle evokes the prerogatives of private law subjects to exercise an option for a certain legal conduct. In concreto, the disposition principle is transposed into the rules of private law, exempli gratia, in the field of company law and insolvency law. Being transposed into these regulations and thus responding to the challenges launched in the area of private law, we plead for the disposition principle to be acknowledged as a principle of substantive law.

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