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oapen-20.500.12657-770702023-11-15T09:17:26Z Proportionality in Private Law Bauer, Franz Köhler, Ben Law Civil Law Administrative Law & Regulatory Practice Comparative bic Book Industry Communication::L Law::LA Jurisprudence & general issues::LAF Systems of law::LAFD Civil codes / Civil law bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LND Constitutional & administrative law bic Book Industry Communication::L Law::LA Jurisprudence & general issues::LAM Comparative law Proportionality is a ubiquitous concept in law. While mostly associated with fundamental rights review, it also plays an important role in private law. In this context, proportionality requirements can be the result of both traditional private law reasoning and the influence of constitutional law. The present volume aims to explore different forms and functions of proportionality in selected private law contexts and jurisdictions. The contributions cover constitutional and theoretical underpinnings of proportionality's role in private law as well as specific examples of how proportionality affects private law in different areas and across different jurisdictions. They include perspectives on German and US-American private, procedural, and constitutional law as well as a special focus on the European dimension. 2023-10-31T05:32:52Z 2023-10-31T05:32:52Z 2023 book 9783161622922 https://library.oapen.org/handle/20.500.12657/77070 eng application/pdf Attribution-ShareAlike 4.0 International external_content.pdf Mohr Siebeck GmbH & Co. KG 10.1628/978-3-16-162293-9 10.1628/978-3-16-162293-9 Mohr Siebeck b818ba9d-2dd9-4fd7-a364-7f305aef7ee9 9783161622922 Knowledge Unlatched (KU) Mohr Siebeck GmbH & Co. KG Knowledge Unlatched open access
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OAPEN
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English
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Proportionality is a ubiquitous concept in law. While mostly associated with fundamental rights review, it also plays an important role in private law. In this context, proportionality requirements can be the result of both traditional private law reasoning and the influence of constitutional law. The present volume aims to explore different forms and functions of proportionality in selected private law contexts and jurisdictions. The contributions cover constitutional and theoretical underpinnings of proportionality's role in private law as well as specific examples of how proportionality affects private law in different areas and across different jurisdictions. They include perspectives on German and US-American private, procedural, and constitutional law as well as a special focus on the European dimension.
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Mohr Siebeck GmbH & Co. KG
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2023
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1799945255463682048
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