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Exemption Clauses in Contracts: Historical and Comparative Law Analysis

Authors: Mitev, Krasimir;

Exemption Clauses in Contracts: Historical and Comparative Law Analysis

Abstract

"In general, exemption clauses are stipulations according to which one or both parties to a contract will not be liable in the case of breach1 of one or more of its (their) obligations. These clauses are also known as exculpatory, exoneration, limitation, or exclusion clauses. In the present paper I will use these words interchangeably. Exemption clauses aim to modify the rules of liability otherwise applicable in the case of breach, placing the obligor in a better position. The doctrine of freedom of contract (and the related doctrine of autonomy of will) is considered to be a fundamental principle of the law of contracts.2 Autonomy of will is, in addition, a justification of the presence of exemption clauses in contracts. But also in this field of the law of contracts a considerable movement towards the limitation of contractual freedom can be seen."(...)

Country
Poland
Keywords

340, historia prawa, Prawo, The French Civil Code, The German Civil Code, The law in England, The doctrine of freedom of contract, Historia

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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