Drawing on the experience of recognised experts from across a range of different fields and jurisdictions, this landmark publication tackles default rules in private law in comparative perspective. Often underestimated, but highly influential, default rules are non-mandatory rules that kick in where nothing else has been agreed or provided.
The contributions explore default rules from a variety of angles relevant to both scholarship and legal practice, including: · behavioural aspects and the role of platform terms in the digital age; · the remit and operation of defaults in different areas, ranging from contract and commercial law to succession, civil procedure and private international law; · a comparison between Common law and Civilian approaches as well as the EU level; · the perspectives of different players engaged in the generation and application of default rules.
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A team of leading private law scholars and jurists provide a fascinating overview of default rules from a comparative perspective.
Preface
List of Contributors
1. A Comparative Introduction to Default Rules, Birke Häcker (University of
Bonn, Germany)
2. Regulation by Means of Default Rules, Alexander Hellgardt (University of
Augsburg, Germany)
3. Behavioural Aspects of Default Rules, Geneviève Helleringer (University of
Oxford, UK)
4. Digitising Defaults: Methods and Mechanisms of Generating Default Rules in
the Digital Age, Florian Möslein (University of Marburg, Germany)
5. Default Rules in the Common Law: Substantive Rules and Precedent, Philip
Sales (Supreme Court of the United Kingdom)
6. Default Rules as a Means of European Integration, Jürgen Basedow (Max
Planck Institute for Comparative and International Private Law, Germany)
7. Default Rules in Contract Law, John Cartwright (University of Oxford, UK)
8. The Nature and Function of Default Rules in English Consumer Contract Law,
Simon Whittaker (University of Oxford, UK)
9. The Nature and Function of Default Rules in Commercial Law, Louise
Gullifer (University of Cambridge, UK)
10. Default Norms in Labour Law: From Private Right to Public Law, Alan Bogg
(University of Bristol, UK)
11. The Nature and Function of Default Rules in Succession Law: A Comparative
Analysis, Gregor Christandl (University of Graz, Austria)
12. The (Changing) Role of Default Rules in Civil Procedure and Arbitration,
Giesela Rühl (Humboldt University of Berlin, Germany)
13. Private International Default Rules, Johannes Ungerer (University of
Oxford, UK)
Birke Häcker is Schlegel Professor of Civil Law, Common Law and Comparative Law, and Director of the Institute of International and Comparative Private Law, University of Bonn, Germany. Johannes Ungerer is Erich Brost Senior Research Lecturer in German Law, European and International Private Law at the Law Faculty and St Hildas College, University of Oxford, UK, as well as Global Associate Professor of Law, University of Notre Dame (USA) in England.
