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ix | |
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xv | |
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The Creation of Norms: An Evolutionary View on European Contract Law |
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3 | (44) |
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1 Law, State and Contract: Between the Old and the New Picture |
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4 | (8) |
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2 European Union: Creator of Contract Law and Empowering Contractual Shaping |
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12 | (4) |
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3 Constitution and Constitutional Values as a Source of Contract Law |
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16 | (5) |
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4 The Selection of Norms: From Default Rule to Optional Codes and Regulation |
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21 | (8) |
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5 The Ever-Stronger Private Creator of Norms |
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29 | (7) |
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6 CJEU Case Law as a Specific Source of EU Law: A Bird's Eye Perspective |
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36 | (5) |
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7 Conclusions and Caveats |
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41 | (6) |
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PART II BASIS OF NORMS: VALUES AND JURISDICTIONS |
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Good Faith as Contract's Core Value |
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47 | (26) |
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1 Good Faith in Contract Doctrine |
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48 | (4) |
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2 The Metes and Bounds of Good Faith |
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52 | (5) |
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3 Good Faith, Freedom of Contract, and Contractual Solidarity |
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57 | (5) |
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4 Good Faith as a Pedestrian Ideal |
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62 | (8) |
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5 Good Faith as Contract's Core |
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70 | (3) |
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The Rule of Law and the Charter of Fundamental Rights as a Source of European Private Law |
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73 | (24) |
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1 Gap-Filling in EU Private Law |
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74 | (7) |
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81 | (3) |
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3 The Uses of Charter Rights in EU Private Law |
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84 | (6) |
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4 A Rights-Based Conception of the Rule of Law |
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90 | (4) |
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94 | (3) |
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The Polish Civil Law Codification Commission Working on the Draft of the New Civil Code |
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97 | (12) |
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1 Polish Codification of Civil Law |
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97 | (2) |
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2 Why the Work on the New Codification was Initiated |
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99 | (3) |
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3 Outcome of the Work on the New Civil Code |
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102 | (2) |
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4 Further Work on the New Codification: Academic Draft of the Civil Code |
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104 | (5) |
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PART III PARTY AUTONOMY AND SELECTION OF NORMS |
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Types of Contracts and Law's Autonomy-Enhancing Role |
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109 | (18) |
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109 | (3) |
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112 | (3) |
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115 | (6) |
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4 The Institutional Challenge |
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121 | (4) |
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125 | (2) |
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Legislative Options for Regulating Optional Rules |
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127 | (22) |
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1 Options Created by Default Rules |
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127 | (4) |
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131 | (5) |
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136 | (3) |
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139 | (4) |
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143 | (4) |
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147 | (2) |
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A Private International Law Perspective on the Creation of Norms and Transnational Governance |
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149 | (26) |
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149 | (5) |
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2 Setting the Scene: An Interdisciplinary Perspective |
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154 | (4) |
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3 Legal-Theoretical Representations of Party Autonomy |
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158 | (5) |
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4 Private Legislation and Issues of `Merely Technical' Design |
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163 | (3) |
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5 "Changes of State": The Reversal of the Relationship between Law and Market |
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166 | (3) |
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6 Conclusion: For a Distributional Analysis |
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169 | (6) |
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PART IV PARTY AUTONOMY AS A BASIS FOR NORMS |
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Ambiguities of Self-Regulation: Some Illustrative Examples of `Good' Companies' Certification |
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175 | (24) |
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175 | (3) |
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2 Self-Regulation and Private Autonomy |
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178 | (3) |
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3 Classifying Self-Regulation |
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181 | (4) |
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4 Examples of `Good' Companies' Certification |
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185 | (12) |
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197 | (2) |
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Contract Law under Regulatory Siege - Revival of Contract Law? Standardisation, Regulation and Consent |
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199 | (28) |
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1 Context, Claim, Argument |
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199 | (3) |
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202 | (9) |
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3 Contract Regulation versus Consent |
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211 | (12) |
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4 Preliminary Conclusive Thoughts |
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223 | (4) |
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Default Rules Beyond a State: Special-Purpose Lawmakers in the Platform Economy |
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227 | (28) |
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227 | (2) |
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2 `Spontaneous' Default Rules |
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229 | (5) |
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3 Fractioned Majority in Use: The Case of the Platform Economy |
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234 | (10) |
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4 Market Actors as Regulatory Intermediaries |
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244 | (3) |
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5 The Challenge for European Contract Law |
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247 | (3) |
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250 | (5) |
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PART V CASE LAW AND CREATION OF NORMS |
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European Contract Law in the EU Court of Justice's Case Law |
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255 | (14) |
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255 | (1) |
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2 The Identification of the Personal Scope of Application of EU Instruments of European Contract Law |
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256 | (5) |
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3 The `Contract' as a Source of Rights and Obligations in the Case Law of the Court of Justice |
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261 | (4) |
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4 Procedural Framework: The Role of the Court of Justice vis-a-vis the Ex Officio Application of EU Law |
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265 | (2) |
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267 | (2) |
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Potential and Hurdles for the CJEU's Jurisprudence in Domestic Legal Orders: A Polish Case Study |
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269 | (36) |
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Aneta Wiewiorowska-Domagalska |
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270 | (2) |
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2 The Characteristics of EU Law that Impact its Functioning at a National Level |
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272 | (2) |
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3 The CJEU's Jurisprudence Operation in Practice: The Access Problem |
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274 | (2) |
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4 The System of Preliminary Referrals to the CJEU |
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276 | (4) |
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280 | (23) |
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303 | (2) |
Index |
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305 | |