Justice in Contract, no Justice in the Background

نویسندگان

چکیده

Abstract In the first part of his book, Peter Benson elaborates for common law that fairness in exchange is not only a fundamental principle contract law, but it is, moreover, conceptually rooted idea private autonomy. For presumes party to intends, principle, performance at its value and on fair terms. The following comment shows this presumption also animates German including rules review standard second part, develops image harmonious complementarity which characterised by transactional justice, public instantiates distributive justice. disputes claimed harmony demonstrating asymmetry institutionalisation both forms justice civil society.

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ژورنال

عنوان ژورنال: European Review of Contract Law

سال: 2021

ISSN: ['1614-9920', '1614-9939']

DOI: https://doi.org/10.1515/ercl-2021-2024