Common Law. Contracts

Chapter 8. LAW of CONTRACTS

The actual text of the Swiss Federal Code of Obligations (CO) relating to contracts and tort was adopted on March 30, 1911, then presented as a supplementary part of the Civil Code (Zivilgesetzbuch, voted December 10, 1907), both entered in force as per January 1, 1912. Its text is to a large extent based on its predecessor, the ancient CO as adopted in 1881 and in force since January 1, 1883 (...

Analysis of Supplementary Banking Contracts in Imamieh Jurisprudence and Law

Whe the Bank is obliged to apply certain contracts as specified in the Law on Banking Operations to finance its economic activities, first to attract monetary resources as investment funds from the community and then as Advocate applicants from these resources. In note 23 of the Law on Continuous Improvement of the Business Environment Act, 2011, the Central Bank is required to regulate uniform...

One-Way Contracts: Consumer Protection without Law

What if consumer contracts were legally enforceable only against the consumers, but not against the business? This paper, part of my project on the ‘myths of consumer protection,’ describes a regime of ‘one-way contracts’–contracts between consumers and business to which only consumers are bound, the business is not. A breaching business would face no contractual liability. The paper argues tha...

Western Philosophies of Law: the Common Law

Ordinary Administrative Law as Constitutional Common Law

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...