Martijn Hesselink's Books

Justifying Contract in Europe

Political Philosophies of European Contract Law

By: Martijn W. Hesselink

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Justifying Contract in Europe

Political Philosophies of European Contract Law

By: Martijn W. Hesselink

This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.

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Page Count

513

Publisher

Oxford University Press

Published Date

ISBN 10

0192655736

ISBN 13

9780192655738

Commercial Agency, Franchise and Distribution Contracts

By: Martijn W. Hesselink,Jacobien W. Rutgers,Odavia Bueno Diaz,Manolo Scotton,Muriel Veldman

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Commercial Agency, Franchise and Distribution Contracts

By: Martijn W. Hesselink,Jacobien W. Rutgers,Odavia Bueno Diaz,Manolo Scotton,Muriel Veldman

The rules presented in this volume of "Principles of European Law" deal with commercial agency, franchise and distribution contracts, and with other contracts where one party uses the other party's skill and efforts to bring its products to the market. Although these Principles are not directly applicable to other long-term (commercial) contracts, some of the Articles may be applied to such contracts by way of analogy where appropriate. The economic function of all three contracts is that they are instrumental in bringing products to the market. They are so-called vertical agreements, as they are agreements between economic actors on different levels in the production and distribution chain. Obviously, the economic importance of these contracts is enormous since they form the connection between producers and retailers who sell the products to consumers and other final users. There are only very few economic sectors where producers regularly sell their products directly to final consumer users. Goodwill compensation after the ending of a distribution contract, the moment at which the agent's commission is due, the franchisor's obligation to maintain the good reputation of the network are but a few examples of issues where specific rules are needed in order to give legal practice some guidance and to provide practitioners with a reasonable degree of legal certainty.

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414

Publisher

Walter de Gruyter

Published Date

ISBN 10

3866537077

ISBN 13

9783866537071

CFR & Social Justice

By: Martijn W. Hesselink

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CFR & Social Justice

By: Martijn W. Hesselink

This short study aims to evaluate the Draft Common Frame of Refence in terms of social justice. In particular, it addresses the idea of a European notion of social justice, the relationship between private law and democracy, the question whether the DCFR can be regarded as a neo-liberal or socialist project, the values and principles underlying the DCFR, the protection of weaker parties, and the role of general clauses such as good faith.

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Walter de Gruyter

Published Date

ISBN 10

3866537212

ISBN 13

9783866537217

Greatness & Limits of Common Priesthood in 16th Century Reformation Theology

A Realist Phenomenological Study of the Common Priesthood in Luther and Calvin from a Roman Catholic Perspective

By: Martijn Pouw

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Greatness & Limits of Common Priesthood in 16th Century Reformation Theology

A Realist Phenomenological Study of the Common Priesthood in Luther and Calvin from a Roman Catholic Perspective

By: Martijn Pouw

Luther affirmed, in the context of the 16th century, the radical equality of all believers by explicitly referring to the priesthood common to everyone. The priesthood of all believers became a fundamental principle and feature of the whole Protestant reformation movement. This study attempts to thoroughly grasp and re-think Luther's and Calvin's notions of common priesthood without the ministerial, to understand better and to shed light upon the necessary mutual relationship between both ministerial and common priesthoods as maintained in Roman Catholic doctrine.

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Page Count

227

Publisher

Summum Academic

Published Date

ISBN 10

9492701227

ISBN 13

9789492701220

Justifying Contract in Europe

Political Philosophies of European Contract Law

By: Martijn Willem Hesselink

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Justifying Contract in Europe

Political Philosophies of European Contract Law

By: Martijn Willem Hesselink

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513

Publisher

Oxford University Press

Published Date

ISBN 10

0192843656

ISBN 13

9780192843654

The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe

By: Martijn Hesselink

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The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe

By: Martijn Hesselink

In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.

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290

Publisher

Kluwer Law International B.V.

Published Date

ISBN 10

9041119620

ISBN 13

9789041119629

The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe

By: Martijn Hesselink

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The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe

By: Martijn Hesselink

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290

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Kluwer Law International B.V.

Published Date

ISBN 10

9041119620

ISBN 13

9789041119629

CFR & Social Justice

By: Martijn W. Hesselink

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CFR & Social Justice

By: Martijn W. Hesselink

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Walter de Gruyter

Published Date

ISBN 10

3866537212

ISBN 13

9783866537217

Commercial Agency, Franchise and Distribution Contracts

By: Martijn W. Hesselink,Jacobien W. Rutgers,Odavia Bueno Diaz,Manolo Scotton,Muriel Veldman

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Commercial Agency, Franchise and Distribution Contracts

By: Martijn W. Hesselink,Jacobien W. Rutgers,Odavia Bueno Diaz,Manolo Scotton,Muriel Veldman

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Page Count

414

Publisher

Walter de Gruyter

Published Date

ISBN 10

3866537077

ISBN 13

9783866537071

CFR and Social Justice

By: Martijn Willem Hesselink

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CFR and Social Justice

By: Martijn Willem Hesselink

This short study evaluates the Draft Common Frame of Reference (DCFR) in terms of social justice. In particular, the book addresses the idea of a European notion of social justice, the relationship between private law and democracy, the question whether the DCFR can be regarded as a neo-liberal or socialist project, the values and principles underlying the DCFR, the protection of weaker parties, and the role of general clauses, such as good faith.

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Publisher

Sellier European Law Pub

Published Date

ISBN 10

3866530811

ISBN 13

9783866530812

Book's by Martijn Hesselink

Justifying Contract in Europe

Justifying Contract in Europe

Commercial Agency, Franchise and Distribution Contracts

Commercial Agency, Franchise and Distribution Contracts

CFR & Social Justice

CFR & Social Justice

Greatness & Limits of Common Priesthood in 16th Century Reformation Theology

Greatness & Limits of Common Priesthood in 16th Century Reformation Theology

Justifying Contract in Europe

Justifying Contract in Europe

The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe

The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe

The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe

The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe

CFR & Social Justice

CFR & Social Justice

Commercial Agency, Franchise and Distribution Contracts

Commercial Agency, Franchise and Distribution Contracts

CFR and Social Justice

CFR and Social Justice

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