Law 5110 Study Guide - Quiz Guide: Product Liability, Burgerlijk Wetboek, Consumer Rights Act 2015
Document Summary
Contractual rules about the sources of contract law - the formation of a contract. Standardized set of rules that are suited to the interests of the party, used by professional parties, because it saves them time. However, for consumers it is an all or nothing decision of accepting the general conditions. Therefore, legislators and courts have developed a mechanism to avoid general principles that are too one-sided. In most cases, it is without doubt known that parties cannot make unlimited rights and obligations under a contract. Parties tend to discuss only what they consider to be essential. Therefore, the law made a solution, namely providing the parties with default rules. Default rules/facilitative rules: rules that are automatically applicable, if the parties have not made other arrangements. Mandatory rules: if a party makes a contract that is contrary to the law or morality, then the law intervenes with mandatory rules.
