You are here: Home :: Area JESP :: Jurisprudence

Horst Eidenmller

Exerting Pressure in Contractual Negotiations

Exerting pressure is part and parcel of the contracting process. Each side tries to maximise its share of the profit from cooperation. From a jurisprudential perspective, the most interesting question is this: which forms of pressure are permissible and which are not? The various European jurisdictions differ significantly in their answer to this question. This article attempts to develop a convincing normative conception for the legislative treatment of pressure in contractual negotiations. It thereby hopes to contribute to the foundations of European contract law. The conception developed draws heavily from economics and negotiation theory.

European Review of Contract Law, Walter de Gruyter

Print ISSN: 1614-9920
Volume: 3, 02/2007
Pages: 21 - 40

Show full article (external site)

Show all available items of this journal

 

Area JESP