Private Law Theory

ABSTRACT
This chapter explores the main justice dimensions of European private law (EPL). Should EPL be an agent of justice? And, in practice, is EPL sometimes – or even very often – a source of injustice? What would a minimally just EPL look like? Which reforms might be undertaken to overcome any existing justice deficit in EPL? These are some of the main questions central to this chapter. The chapter distinguishes three different types of justice, ie social justice, interpersonal justice, and discusses their respective relevance, first, for private law in general, and then specifically for the private law of the EU.

Hesselink, Martijn W, (In)justice in European private law (October 8, 2021).

First posted 2021-10-11 14:00:34