Immoral Contracts in Europe

Contracts can be illegal not only when they contravene specific legal rules but also when they are considered immoral or contrary to public policy. This book examines how different European legal systems deal with 12 morally dubious agreements, including suretyships, conditional contracts of succession, nuptial agreements, surrogacy agreements, contracts for sex work, and usurious contracts. It provides a comprehensive analysis of the findings, offering insights into divergences and convergences and the decisive factors driving European thinking.

Format: Paperback / softback
Length: 740 pages
Publication date: 30 November 2020
Publisher: Intersentia Ltd

Contracts are not just illegal when they violate specific legal rules; they can also be deemed immoral or against public policy. As a result, the rules of contract law also play a significant role in shaping the unique and sometimes delicate relationship between law and morality. These rules determine which issues can be legally resolved through a valid and enforceable agreement, based on the values that underpin the legal order to which they apply.

Despite their geographical proximity, shared history, and common goal of establishing a strong EU internal market, there are remarkable differences in the underlying values of many European legal systems. This book brings together a distinguished group of contract lawyers who examine how their respective legal systems address 12 intriguing cases of morally questionable agreements, such as suretyships, conditional contracts of succession, nuptial agreements, surrogacy agreements, contracts for sex work, and, of course, usurious contracts. These cases are inspired by real litigations adjudicated by courts and cover the questions of validity and enforceability, as well as the availability of remedies.

To provide a comprehensive understanding of immoral contracts across Europe, the national perspectives are complemented by chapters offering historical insights and an EU perspective. Throughout the book, a comprehensive analysis of the findings offers valuable insights into divergences and convergences, as well as the key factors shaping European thinking.

Weight: 1306g
Dimension: 172 x 246 x 45 (mm)
ISBN-13: 9781839700101