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Paternalism in Contract Law: Rationalization and Critique

Péter Cserne

Chapter Chapter 5 in Freedom of Contract and Paternalism, 2012, pp 81-136 from Palgrave Macmillan

Abstract: Abstract This chapter discusses the problem of paternalism in the context of contract law. Contract law is understood here as a body of legal rules that pertains to the enforcement and regulation of voluntary private agreements. These agreements, to be sure, do not always come within the ambit of the law, although in modern legal systems they are all potentially subject to regulation by state law or another set of legal rules.

Keywords: Civil Code; Contract Theory; Default Rule; Consumer Contract; Legal Moralism (search for similar items in EconPapers)
Date: 2012
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Persistent link: https://EconPapers.repec.org/RePEc:pal:pfschp:978-1-137-00032-3_5

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DOI: 10.1057/9781137000323_5

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