Overview

Drawing on the experience of recognised experts from across a range of different fields and jurisdictions, this landmark publication tackles default rules in private law in comparative perspective. Often underestimated, but highly influential, default rules are non-mandatory rules that kick in where nothing else has been agreed or provided. The contributions explore default rules from a variety of angles relevant to both scholarship and legal practice, including: · behavioural aspects and the role of platform terms in the digital age; · the remit and operation of defaults in different areas, ranging from contract and commercial law to succession, civil procedure and private international law; · a comparison between Common law and Civilian approaches as well as the EU level; · the perspectives of different ‘players’ engaged in the generation and application of default rules.

Full Product Details

Author:   Birke Häcker (University of Bonn, Germany) ,  Johannes Ungerer (University of Oxford, UK)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 16.40cm , Height: 2.20cm , Length: 23.80cm
Weight:   0.587kg
ISBN:  

9781509973521

ISBN 10:   1509973524
Pages:   288
Publication Date:   18 September 2025
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

Part 1: General Aspects of Default Rules 1. A Comparative Introduction to Default Rules 2. Regulation by Means of Default Rules 3. Behavioural Aspects of Default Rules 4. Digitizing Defaults: Methods and Mechanisms of Generating Default Rules in the Digital Age 5. Default Rules in the Common Law: Substantive Rules and Precedent 6. Default Rules from the Point of View of the Law Commission 7. Default Rules as a Means of European Integration Part 2: Default Rules in Different Fields 8. Default Rules in Contract Law 9. Default Rules in Consumer Contract Law 10. Default Rules in Commercial and Corporate Finance Law 11. Default Rules in Employment Law 12. Default Rules in Succession Law 13. The (Changing) Role of Default Rules in Civil Procedure (and Arbitration) Private International Default Rules

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Author Information

Birke Häcker is Schlegel Professor of Civil Law, Common Law and Comparative Law, and Director of the Institute of International and Comparative Private Law, University of Bonn, Germany. Johannes Ungerer is Erich Brost Senior Research Lecturer in German Law, European and International Private Law at the Law Faculty and St Hilda’s College, University of Oxford, UK, as well as Global Associate Professor of Law, University of Notre Dame (USA) in England.

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