Unit:
Τομέας Ιστορίας και Θεωρίας του ΔικαίουLibrary of the School of Law
Author:
Leon Constantinos
Supervisors info:
Φίλιππος Βασιλόγιαννης, Αναπλ. Καθηγητής, Νομική, ΕΚΠΑ
Original Title:
Η υπόσχεση ως έκφραση ιδιωτικής αυτονομίας
Translated title:
Promise as an expression of private autonomy
Summary:
The coursework focuses on the presentation of the main theories that attempted to interpret the philosophical and legal nature of obligation to keep promises in contract law primarily as a product of private autonomy and free will of the parties.
The main issue is when and under what conditions the law must ensure that promises should be respected as a product of the individual choice and therefore what should be the nature and limits of the legal intervention.
The approach that achieves the consistency of contract law more satisfactorily proposes those theories that award to the accepted promise the power to transfer rights.
The first part attempts a brief presentation of the theories regarding the obligation of the promisor to keep its commitments undertaken with the promise. Α brief reference is made to the Kantian philosophy of private law developed through the principles of autonomy and free will. This theory constitutes the doctrinal basis for the further development of contract law in mainly in continental Europe.
In the second part reference is made to some of the modern theories - mainly in the area of Anglo-Saxon law - which attempt to interpret the obligation to keep promises throughout the law of compensation.
Main subject category:
Law and Legislation
Other subject categories:
Philosophy of Law
Keywords:
Promise, contract, non-distributive justice, compensation, Kant
Number of references:
165
