Reflections on the Pactum in the Public and Private Spheres

Siliquini-Cinelli, Luca (2017) Reflections on the Pactum in the Public and Private Spheres. In: The Constitutional Dimension of Contract Law. A Comparative Perspective. Springer, Dordrecht, pp. 289-322. ISBN 978-3-319-49843-0 (Accepted for Publication)

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Official URL: http://www.springer.com/gb/book/9783319498423

Abstract

This chapter delves into the nature of the pactum as both substantial and functional bond, as well as mythical canon of any contractual-constituting initiative in the public and private spheres. The aim is to show that the movement toward the conceptualisation of good faith as an organising principle and implied term in the Common law tradition is due to the need to counterbalance our inhuman condition as made manifest by the humanitarian fac¸ade of the modern constitutional project. This claim is supported by an unconventional method of investigation that will promote the comparison between the role of political action at the public level and the increasing utilisation of the doctrine of good faith in Contract law theory and practice.

Item Type: Book Section
Faculty / Department: Faculty of Arts & Humanities > School of Law
Depositing User: Luca Siliquini-Cinelli
Date Deposited: 02 Jan 2018 11:46
Last Modified: 02 Jan 2018 11:46
URI: http://hira.hope.ac.uk/id/eprint/2271

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