Contractul standard în sistemul de drept american. Scurt studiu
de doctrină
Standard form contracts in American law. A short study
of legal doctrine
Author(s): Dan-Adrian CărămidariuSubject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: Universul Juridic
Keywords: standard contracts; contractual freedom; contractual interventions; economic analysis of private law;
Summary/Abstract: The paper bases on a few premises which are specific to liberal paternalism theories, and analyzes the contributions of US private law doctrine to standard form contract theory. An indispensable legal instrument for most business relationships, the standard contract has recently advanced in the center of doctrinal concerns in our country, considering the worrying issue of abusive clauses and the legal and judicial interventions in private party contracts. The paper discusses the outstanding contributions of legal theorists such as Fr. Kessler, A. Leff, K. Llewellyn, W.D. Slawson, T. Rakoff, M. Meyerson or M. Trebilcock, who have reshaped the concept of contract in American law and have influenced both the doctrine and jurisprudence of European legal systems.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2019
- Issue No: 2
- Page Range: 102-132
- Page Count: 30
- Language: Romanian