Bagchi on Convergence in Contract Law

Aditi Bagchi (Fordham University School of Law) has posted The Political Morality of Convergence in Contract (24 European Law Journal 36 (2018)) on SSRN.  Here is the abstract: One of the most interesting recent developments in contract law has been an academic and political effort to integrate private law. The proposed Common European Sales Law was ultimately withdrawn, and a series of setbacks, including the British referendum to exit the EU, has recast the politics of convergence. But it remains an objective for many European scholars. This Essay considers the wisdom of convergence on a single law of transactions from the perspective of philosophical contract theory.The Essay proceeds by disaggregating the rights at stake in contract law. It characterizes the formal right to contract and describes its moral impetus as one that should underwrite contract law in all states, especially liberal states. But the Essay argues that the legitimate contours of the…

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