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Proportionality in Private Law

Proportionality is a ubiquitous concept in law. While mostly associated with fundamental rights review, it also plays an important role in private law. In this context, proportionality requirements can be the result of both traditional private law reasoning and the influence of constitutional law. T...

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Format: Online
Sprog:engelsk
Udgivet: Mohr Siebeck GmbH & Co. KG 2023
Fag:
Law
Civil Law
Administrative Law & Regulatory Practice
Comparative
bic Book Industry Communication::L Law::LA Jurisprudence & general issues::LAF Systems of law::LAFD Civil codes / Civil law
bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LND Constitutional & administrative law
bic Book Industry Communication::L Law::LA Jurisprudence & general issues::LAM Comparative law
Online adgang:OCN: 1405429382
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Summary:Proportionality is a ubiquitous concept in law. While mostly associated with fundamental rights review, it also plays an important role in private law. In this context, proportionality requirements can be the result of both traditional private law reasoning and the influence of constitutional law. The present volume aims to explore different forms and functions of proportionality in selected private law contexts and jurisdictions. The contributions cover constitutional and theoretical underpinnings of proportionality's role in private law as well as specific examples of how proportionality affects private law in different areas and across different jurisdictions. They include perspectives on German and US-American private, procedural, and constitutional law as well as a special focus on the European dimension.

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