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Social Justice, Constitutional Principles and Protection of the Weaker Contractual Party
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Marisa Meli
Published/Copyright:
September 28, 2006
Abstract
the Manifesto emphasises that European private law ought to propose a model of distributive justice that is in alignment with constitutional principles. According to this perspective, this article analyses, firstly, the idea of social justice that is embraced in the Charter of Rights. Secondly, the idea of social justice that is ascribed to private law in the current EC acquis and in harmonisation projects like the PECL is considered.
Published Online: 2006-09-28
Published in Print: 2006-05-01
© Walter de Gruyter
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Articles in the same Issue
- Introduction
- The Constitutional Competence of the EU to Deliver Social Justice
- Social Justice, Constitutional Principles and Protection of the Weaker Contractual Party
- The Constitutionalization of European Contract Law: Judicial Convergence and Social Justice
- Social Justice and the Market in European Contract Law
- An Optional Instrument and Social Dumping
- The Alchemy of Deriving General Principles of Contract Law from European Legislation: In Search of the Philosopher's Stone
- The Eye of the Storm: on the Case for Harmonising Principles of Damages as a Remedy in Contract Law
- Abuse of Dominant Position: A System of Undistorted Competition or Social Protection?
- The Old and the New Limits to Freedom of Contract in Europe
- Social Justice and European Identity in European Contract Law
- ECJ – CaixaBank France
- European Community Legislation and Actions
- The European Commission's Common Frame of Reference Project: a progress report
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Articles in the same Issue
- Introduction
- The Constitutional Competence of the EU to Deliver Social Justice
- Social Justice, Constitutional Principles and Protection of the Weaker Contractual Party
- The Constitutionalization of European Contract Law: Judicial Convergence and Social Justice
- Social Justice and the Market in European Contract Law
- An Optional Instrument and Social Dumping
- The Alchemy of Deriving General Principles of Contract Law from European Legislation: In Search of the Philosopher's Stone
- The Eye of the Storm: on the Case for Harmonising Principles of Damages as a Remedy in Contract Law
- Abuse of Dominant Position: A System of Undistorted Competition or Social Protection?
- The Old and the New Limits to Freedom of Contract in Europe
- Social Justice and European Identity in European Contract Law
- ECJ – CaixaBank France
- European Community Legislation and Actions
- The European Commission's Common Frame of Reference Project: a progress report
- Other News