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Application of Mandatory Rules in the Private International Law of Contracts: A Critical Analysis of Approaches in Selected Continental and Common Law Jurisdictions, with a View to the Development of South African Law

By (author) Kerstin Ann Susann Schäfer

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normal price: R 1 765.95

Price: R 1 588.95


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The application of mandatory rules in private international law of contracts is a controversial topic of growing international concern. Legislatures are increasingly intervening in private contracts in order to protect the economic interests of state, or the interests of vulnerable groups, such as consumers or employees. This thesis addresses two major contexts in which the application of mandatory rules arises, namely the restriction of party autonomy by the application of certain mandatory rules of a law, other than the chosen law, and the application of internationally mandatory rules of the forum, the proper law and, most controversially, of a third country. Approaches of academic writing, case law, legislature, and treaties in England, Germany and Switzerland are compared and critically analysed. Paying also attention to the legal situation in South Africa, the analysis results to provide guidelines for the application of mandatory rules in private international law of contracts.

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Normally shipped | Usually dispatched in 3 to 6 weeks as supplier is out of stock
Publisher | Peter Lang AG
Published date | 1 Nov 2010
Language |
Format | Paperback / softback
Pages | 368
Dimensions | 210 x 148 x 0mm (L x W x H)
Weight | 460g
ISBN | 978-3-6315-5176-9
Readership Age |
BISAC | law / business


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Normally shipped | Available from overseas. Usually dispatched in 14 days
Readership Age |
Normal Price | R 4 520.95
Price | R 4 068.95 | on special |



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