External Effects of Contracts : From Fair to Sustainable Contract Law?
Sustainability standards have usually been implemented at the national and supra-national level, both in the public and private sphere. However, the instruments adopted so far have proved themselves to be less effective than expected, due to their lack of enforcing power or to the vagueness of the requirements which often fail to meet society expectations. On a contract law level, sustainability appears to be replacing the idea of justice as driver of contract law development. The shortcomings and limitations of the idea of justice in contract law, however, could be successfully remedied by introducing the idea of sustainability in and of contract law. As well as justice, then, sustainability could also be improved through consumers contract policies and especially intervening on the external effects of contracts. Such effects are often unknowingly caused by consumers, thereby not only promoting unsustainable consumption, but also violating those consumers non-pecuniary interests that they wish to express through their market interactions. In light of this, could sustainability standards be effectively implemented by granting consumers to seek remedies whenever they find out that by entering a certain contract they have adhered to a network of contracts responsible for the production of external negative effects, such as the violation of human and workers' rights or an environmental damage?
Year of publication: |
2020
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Authors: | Ravalli, Rebecca |
Publisher: |
[2020]: [S.l.] : SSRN |
Subject: | Vertrag | Contract | Vertragsrecht | Contract law | Externer Effekt | Externalities | Vertragstheorie | Contract theory |
Saved in:
freely available
Extent: | 1 Online-Ressource (10 p) |
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Type of publication: | Book / Working Paper |
Language: | English |
Notes: | Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments 2017 erstellt |
Other identifiers: | 10.2139/ssrn.3624718 [DOI] |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10012831525
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