ABSTRACT
The fourth Ole Lando Memorial Lecture is mainly about the interaction between soft law and precedents. The paper argues that precedents are an increasingly important source of law in civil law jurisdictions with examples from Brazil, China, France and Sweden. The paper provides an overview of some problems and benefits of precedents within the area of private law, inter alia judges as lawmakers compared to developments through statutory law and how to identify a legal rule from a precedent.
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Christina Ramberg, Ole Lando Memorial Lecture: The Interaction Between Soft Law and Case Law – How Precedents Fulfil Ole Lando’s Ambitions to Harmonize European Contract Law, European Review of Private Law, volume 31, issue 1, pp 3-14 (2023).
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