Capabilities and European contract law
Promovendus: Mw. Dr. L.K.L. Tjon Soei Len
Promotores: Prof.Mr. M.W. Hesselink, Mw. Prof.Dr. C. Mak
Duur: 1/9/2008 - 31/8/2011
Promotie: Amsterdam, 26/6/2013
Should contracts that are mutually beneficial to contracting parties, be invalid under European contract law, in cases where the quality of life and capabilities of other are fundamentally damaged? This question will form the central research question and will be dealt with on the basis of 3 research sections with distinct methods. 1. A desriptive research part concerning cases where capabilities of third parties are fundamentally damaged. 2. Normative research with regard to a standard of social justice: primarily on the basis of the capabilities approach. This part will include an exploration of the public/private distinction. 3. Positive research in the field of the legal concepts of validity and relativity of contracts.