Following an insight by Max Weber, the first part of this study argues for the merit of rethinking the logical tenets of the interpretation of contracts in the transition from a national to a European perspective. The second part contends that the general conceptions of private autonomy worked out within the context of national contract law are of little use in this framework; instead, a theory of the European legal order as well as of the sources of law is needed, to make sense of the interpretation of BtoC contracts. The third part points to some consequences of this verschiebung der Gesichtspunkte concerning the requirement of transparency and good faith in consumer contracts.
Una questione di punti di vista. Interpretazione dei contrratti asimmetrici e teoria delle fonti
valentina calderai
2022-01-01
Abstract
Following an insight by Max Weber, the first part of this study argues for the merit of rethinking the logical tenets of the interpretation of contracts in the transition from a national to a European perspective. The second part contends that the general conceptions of private autonomy worked out within the context of national contract law are of little use in this framework; instead, a theory of the European legal order as well as of the sources of law is needed, to make sense of the interpretation of BtoC contracts. The third part points to some consequences of this verschiebung der Gesichtspunkte concerning the requirement of transparency and good faith in consumer contracts.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
