Contract Law Theory and The Concept of ‘Ownership’
-
Jan Felix Hoffmann
Abstract
Contract law and property law are traditionally viewed to be two separate fields of private law shaped by different principles. Over the past years a theory of contract law thoroughly drawing on the concept of “ownership” has been promoted by common law scholars. It leads at its core to the conclusion that the distinction between absolute and relative rights is irrelevant inter partes and that, therefore, a theoretical division between contract and property cannot be strictly maintained. This touches upon the fundamental distinction between absolute and relative rights raising the question why a contract does not automatically lead to an absolute right with regard to the substance of the promised performance.
© 2021 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Editorial
- Editorial
- EU Legislation
- European Union Legislation and Actions
- Introduction
- Introduction
- Articles – on Justice in Transactions
- Fundamental Rights, Contract Law and Transactional Justice
- Contract Law Theory and The Concept of ‘Ownership’
- Justice in Contract, no Justice in the Background
- Autonomy in Transactions
- The Public of Contract, and of its Justification
- A Theory of Contract Law: What Meaning and for What Purpose?
- Markets and Contractual Fairness
- The Ambition of Public Justification in Contract
- Justice in Transactions: A Public Basis for Justifying Contract Law?
- Would Reasonable People Endorse a ‘Content-Neutral’ Law of Contract?
- Reply – Justice in Transactions
- The Arguments in Justice in Transactions: A Reply to Commentators
Articles in the same Issue
- Frontmatter
- Editorial
- Editorial
- EU Legislation
- European Union Legislation and Actions
- Introduction
- Introduction
- Articles – on Justice in Transactions
- Fundamental Rights, Contract Law and Transactional Justice
- Contract Law Theory and The Concept of ‘Ownership’
- Justice in Contract, no Justice in the Background
- Autonomy in Transactions
- The Public of Contract, and of its Justification
- A Theory of Contract Law: What Meaning and for What Purpose?
- Markets and Contractual Fairness
- The Ambition of Public Justification in Contract
- Justice in Transactions: A Public Basis for Justifying Contract Law?
- Would Reasonable People Endorse a ‘Content-Neutral’ Law of Contract?
- Reply – Justice in Transactions
- The Arguments in Justice in Transactions: A Reply to Commentators
