Ultimate Der Kontrahierungszwang Im Deutschen Und Französischen Zivilrecht Collection [ZSbnCkOR]

The Concept of Contractual Compulsion in Civil Law

The freedom to decline a contract at first glance seems absolute in civil law. However, a closer examination reveals the presence of contractual compulsion, particularly in Germany and France. This book delves into the nuances of contractual compulsion, exploring its role and implications in civil law. It highlights the existence of both legally mandated and unwritten compulsion in these countries, shedding light on the complex interplay between freedom and obligation in contract law.

• Unveils the concept of contractual compulsion in German and French civil law
• Examines the social and legal reasons behind contractual compulsion
• Discusses the historical and contemporary aspects of contractual compulsion

Understanding the Social and Legal Context

This comprehensive analysis of contractual compulsion in Germany and France delves into the social and legal context that shapes this concept. The book explores the historical roots of contractual compulsion, particularly in the French civil law with its long-standing tradition of the refus de vente (ban on refusing to sell) to consumers. It also critically examines the potential challenges posed by the application of the equality clause in the German civil law, as proposed by the Anti-Discrimination Bill.

• Investigates the historical and social roots of contractual compulsion
• Analyzes the legal implications of the refus de vente in French civil law
• Evaluates the proposed application of the equality clause in German civil law

Key Insights and Practical Applications

This book offers valuable insights into the complex world of contractual compulsion in civil law. By understanding the various aspects of contractual compulsion, readers can gain a deeper appreciation of the legal and social dynamics at play. The book is an essential resource for legal professionals, academics, and anyone interested in the intricacies of contract law and its social implications.

• Enhances understanding of contractual compulsion in civil law
• Equips readers with knowledge to navigate legal and social dynamics
• Perfect for legal professionals, academics, and students of contract law