Business Negotiations and the Law: The Protection of Weak Professional Parties in Standard Form Contracting

ISBN-13: 9780367420529 / Angielski / Twarda / 2020 / 84 str.

Carlotta Rinaldo

Opis

Business Negotiations and the Law: The Protection of Weak Professional Parties in Standard Form Contracting aims to explore the issues surrounding contract negotiations between entrepreneurs and other professionals when one of the parties does not have the same level of bargaining power as the other.

Spis treści

(0) Introduction (1) Chapter I - Unfair Contract Terms in b2b Relations: A Wide Protective Approach (1.1) Invalidation of Unfair Terms in All Business Transactions (1.2) Fairness Control in All b2b Contracts: the German Case (1.3) Regulating Standard Contract Terms and the Role of Entrepreneurial Risk (1.4) Procedural Fairness for all Businesses (2) Chapter II - Weak Business Parties (2.1) Weakness in Negotiations and Standard Form Contracting (2.2) The Role of Competition Law (2.3) Defining Weak Business Parties (2.4) Objectives and Rationales for the Protection of the Weak Business Parties (3) Chapter III - Regulating Asymmetrical B2b Relationships (3.1) Signs of a New Trend (3.2) Incorporation and Transparency in the Rules of the Italian Codice Civile (3.3) Enacting Rules on Substantive Fairness (3.4) Recent Developments in the Italian Legislation (3.5) Some Considerations on the Italian System (4) Conclusions (5) Literature

O autorze

Carlotta Rinaldo is a Researcher of Commercial Law at the Università degli Studi di Padova, Italy.