Contracts are illegal not only when they contravene specific legal rules, but also when they are considered immoral or contrary to public policy. In this way rules of contract law also influence the exceptional and sometimes fragile relationship between law and morality. They determine which issues can be made the subject of a legally valid and enforceable agreement according to the values underlying the legal order to which they pertain. But despite their geographic proximity, shared history and common aim of a strong EU internal market there are remarkable differences in the underlying values of many European legal systems.
This book brings together a group of well renowned contract lawyers that analyse how their own legal systems deal with 12 interesting cases of morally dubious agreements, including for example suretyships, conditional contracts of succession, nuptial agreements, surrogacy agreements, contracts for sex work and, of course, usurious contracts. All inspired by real litigations adjudicated by courts and covering the questions of validity and enforceability, as well as the availability of remedies.
To give a comprehensive picture of immoral contracts across Europe, the national perspectives are complemented by chapters providing historical insights as well as an EU perspective. Throughout the book comprehensive analysis of the findings offers crucial insights into divergences and convergences and the decisive factors driving European thinking.
PROF. DR. AURELIA COLOMBI CIACCHI is a Professor of Law and Governance at the Law Faculty of the University of Groningen. She was previously a Marie Curie Fellow at the University of Oxford.
PROF. DR. CHANTAL MAK is a Professor of Private law, in particular fundamental rights and private law, at the Amsterdam Centre for Transformative Private Law (ACT) of the University of Amsterdam.
DR. ZEESHAN MANSOOR is an Assistant Professor at the Hazelhoff Centre for Financial Law of the University of Leiden. He is also a Director at the consultancy firm Alvarez & Marsal, focusing on Financial Industry Advisory Services (FIAS).
There are no separate chapters available for this publication.