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The influence of Constitutional law in German Contract law: Good faith, limited party autonomy in labour law and control of contractual terms

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DOI

  • Béatrice Schütte

In German law, an influence of Fundamental rights in Contract law has been recognised since the mid-1950s. How this influence was effected and whether it was a direct or indirect effect was discussed for approximately 30 years. The prevailing approach today, in both court practice and academia, is that the effect is an indirect one. Only under the scope of Article 9 III Grundgesetz is the effect in Contract law a direct one. Some legal academics also mention the State's duty of protection in relation to the Fundamental rights. The aim of this article is to review the influence of Fundamental rights in German Contract law. The different dogmatic approaches discussed over the years and their respective development will be reviewed and contrasted with the current situation. Various examples will be used to illustrate the types of cases where the influence of Fundamental rights becomes particularly relevant. These examples include good faith, the control of contractual terms and limited party autonomy in Labour law. These will be substantiated with examples from court practice.

OriginalsprogEngelsk
TitelThe Constitutional Dimension of Contract Law : A Comparative Perspective
Antal sider31
ForlagSpringer
Udgivelsesår2017
Sider217-247
ISBN (trykt)9783319498423
ISBN (Elektronisk)9783319498430
DOI
StatusUdgivet - 2017

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