Eyal Zamir, ‘Default Rules: Theoretical Foundations’

ABSTRACT
This Handbook chapter critically reviews the contributions of several theoretical perspectives to the understanding and design of default rules in contract law – including autonomy-based theories, economic analysis, and social conceptions of contract law. It also notes the key challenges that face the theoretical analysis of default rules.

Zamir, Eyal, Default Rules: Theoretical Foundations (March 25, 2021). Research Handbook on the Philosophy of Contract Law (Mindy Chen-Wishart and Prince Saprai eds, Edward Elgar Publishing, forthcoming 2022).

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