Vertrag und Verteilung

According to a paradigm of contract theory, iustitia distributiva (distributive justice)has almost no significance in contract law. Stefan Arnold challenges this paradigm and shows that iustitia distributiva pervades and influences contract law just as deeply as iustitia commutativa. He develops a theory of iustitia distributiva as a perspective of justice which goes beyond the exchange relationship of the parties to the contract and incorporates the regulatory capacity of contract law. In this way, contract law can contribute to behavior control, protection of the weak, or to the implementation of matters of public interest. Distributive Justice is flanked by the postulate of freedom of contract, which calls for autonomy and self-responsibility. The author illustrates the significance of iustitia distributiva, focusing, inter alia, on landlord and tenant, consumer protection, and non-discrimination.