Proportionality in Private Law
Contributor(s)
Bauer, Franz (editor)
Köhler, Ben (editor)
Collection
Knowledge Unlatched (KU)Language
EnglishAbstract
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.
Keywords
Law; Civil Law; Administrative Law & Regulatory Practice; ComparativeDOI
10.1628/978-3-16-162293-9ISBN
9783161622922, 9783161622939Publisher
Mohr SiebeckPublisher website
https://www.mohrsiebeck.com/Publication date and place
2023Grantor
Imprint
Mohr Siebeck GmbH & Co. KGClassification
Civil codes / Civil law
Constitutional & administrative law
Comparative law