Victor David Jouannaud
Der Gesetzesvorbehalt im Privatrecht
Eine nach Rechtsfunktionen differenzierende Betrachtung
[The Constitutional Requirement of a Statutory Basis in Private Law. A Differentiated Approach Based on different Functions of Law.]
2024. XXI, 498 pages. forthcoming in
October 2024
Published in German.
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Summary
Victor Jouannaud examines the scope of judicial law-making in private law from a constitutional perspective. He adopts a differentiated approach, according to which the need of a statutory basis is greater and the limits of judicial law-making are stricter when private law serves regulatory purposes and thereby sets limits on fundamental rights than when the focus is on balancing the interests of two private parties.