Florian Möslein
Dispositives Recht
Zwecke, Strukturen und Methoden
[Default Rules. Functions, Structures and Methods.]
2011. XX, 640 pages. Published in German.
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Summary
Default rules supplement incomplete contracts, and they serve as a model concept (»Leitbild«). While these two functions are well-known, Florian Möslein offers a much more multifaceted picture of this regulatory instrument. Inspired by governance research, he presents new insights into the peculiarities of codified default rules, describes the way they function and shows that their significance as an innovative regulatory instrument in private law has been underestimated so far.