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Capacity and Contract: National Law and Proposal for a Common European Sales Law
Ulessi, Cristina
2012
Abstract
The paper concerns the topic of contracts entered into by a person suffering from mental
incapacity. The matter is analysed considering the rules of invalidity given in three legal systems
(Italy, France and United Kingdom) and their limits as well as the broader framework
where incapacity has to be seen (CESL). It is argued that the special rules of invalidity and
the traditional distinction between capacity and incapacity will lose their importance in
the light of the attention paid by the new instruments to bargaining power abuse.
Series
Triestine Lecture
1
Publisher
EUT Edizioni Università di Trieste
Source
Cristina Ulessi, "Capacity and Contract: National Law and Proposal for a Common European Sales Law", in: "Sources of Law and Legal Protection", (Triestine Lecture; 1), EUT Edizioni Università di Trieste, 2012, pp. 151-161.
Languages
en
File(s)