Corrective justice, freedom of contract, and the European contract law
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2082-7598; 2082-6710
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Avant, 2019, Vol. 10, No. 1, pp. 159-171
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OSMOLA, Szymon, Corrective justice, freedom of contract, and the European contract law, Avant, 2019, Vol. 10, No. 1, pp. 159-171 - https://hdl.handle.net/1814/66088
Abstract
Freedom of contract and corrective justice are considered to be the basic principles governing contract law. However, many contemporary legal orders implement various policy goals into private law. The regulatory private law of the European Union is the most striking example of such a trend. This article aims at reconciling the corrective justice theory of private law and the principle of freedom of contract with the regulatory dimension of the EU law. The main argument is that the meaning of the concept of harm, one that is crucial to the principle of corrective justice, should be understood broadly so that it can transform the corrective justice theory from a monistic one into a pluralistic one.
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Published 30 June 2019
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National Science Centre, Poland [2017/27/N/HS5/01156]