Освобождаващи клаузи в договорите
Exemption Clauses in Contracts

Comparative Review

Author(s): Krasimir Mitev
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Comparative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: exemption clauses; contracts; negotiation
Summary/Abstract: According to Bulgarian Law on Obligations and Contracts, the parties can freely determine the content of the contract, as long as they do not violate the mandatory norms and good morals. The legal literature in Bulgaria has not dealt with exemption clauses in contracts and there is also no developed case-law. For this purpose, the current work examines the status of these clauses, in countries with a developed market economy such as England, France, Germany as well as in the EU law. The approaches to the regulation of freedom of contract under exemption clauses in England, on the one hand, and in Germany and France, on the other hand, are different. It can also be explained by the fact that the mentioned countries are part of different legal systems – of the Anglo-American and of the continental.

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