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Proportionality in private law
- Available as
- Online
- Summary
-
"Proportionality is a ubiquitous concept in law. While mostly associated with fundamental rights review, it also plays an important role in private law. In this context, proportionality requirement...
"Proportionality is a ubiquitous concept in law. While mostly associated with fundamental rights review, it also plays an important role in private law. In this context, proportionality requirements can be the result of both traditional private law reasoning and the influence of constitutional law. The present volume aims to explore different forms and functions of proportionality in selected private law contexts and jurisdictions. The contributions cover constitutional and theoretical underpinnings of proportionality's role in private law as well as specific examples of how proportionality affects private law in different areas and across different jurisdictions. They include perspectives on German and US-American private, procedural, and constitutional law as well as a special focus on the European dimension."--Publisher's description.
Details
- Creator
- edited by Franz Bauer and Ben Köhler
- Format
- Books
- Language
- English
- Contributors
- Publication
-
- Tübingen : Mohr Siebeck, 2023
- Physical Details
-
- 1 online resource (xiii, 217 pages)
- data file
- ISBNs
- 3161622928, 9783161622939, 9783161622922, 3161622936
- OCLC
- on1405429382
- This open access resource is available through Mohr Siebeck.
- "Result of a conference held at the Max Planck Institute for Comparative and International Private Law in Hamburg in May 2022."--Page volume.
- Includes bibliographical references.
- Proportionality in private law: a primer / Ben Köhler -- Proportionality in Private law: an analytical framework / Franz Bauer -- The various manifestations of the constitutional principle of proportionality in private law / Victor Jouannaud -- Private law adjudication versus constitutional adjudication: proportionality between coherence and balancing / Philip M. Bender -- Three approaches to proportionality in American legal thought: a genealogy / Nicolás Parra-Herrera -- Rights and their boundaries in European contract law: abuse, proportionality, or both? / Johanna Stark -- Proportionality and IP law: toward an age of balancing? / Luc Desaunettes-Barbero -- The use of public policy clauses for the protection of human rights in the EU and the role of proportionality / Sorina Doroga -- Proportionality in civil procedure: a different animal? / Wiebke Voß -- The influence of proportionality in private law on remedies in American constitutional criminal procedure / Guy Rubinstein