Penalty clauses in cvil law and common law: A comparative analysis with special reference to harmonisation
Promovendus: Dhr. A.T. Erdogan
Promotores: M.A. Hogg, H.L. MacQueen
Duur: 9/9/2019 - 31/8/2023
The general subject area of the research falls within the scope of contract law, and more specifically remedial clauses. Under remedial clauses, the research analyses how the penalty rule is regulated in different law systems, and compares the different jurisdictions, namely Germany and Turkey as representing civil law systems, England as representing common law systems, and Scotland as representing mixed-law systems (Chosen Jurisdictions), with respect to the penalty rule. By doing so, the research has two aims: 1. finding out whether the laws of Germany and Turkey as to the penalty rule may help the laws of England and Scotland achieve their public policy purposes more effectively after Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Ltd v Beavis  UKSC 67,  AC 1172 (Cavendish) or vice-versa, 2. finding out to what extent the harmonisation of laws as to the penalty rule is possible between common law and civil law after Cavendish.