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  • Publication
    Accès libre
    “Good Faith”: A Legal Tool for Environmental Sustainability?
    (Leuven Blog for Public Law, 2023-02-27)
    Hug, Dario 
    How does the concept of “good faith” relate to environmental sustainability? And could it be expanded through interpretation to establish an enforceable duty for each individual today to act for future generations in the same way as a trustee would (see Mattei/Quarta 2019 or here)? This post offers some general and humble thoughts around these highly complex issues (see further Gillaerts’, 2022).
  • Publication
    Accès libre
    Contractual Interpretation and Environmental Sustainability
    (KU Leuven, 2022-10-22)
    Hug, Dario 
    The legal debate around environmental sustainability is today on many lips and fingertips. One of the aspects that seems, however, not to have been extensively discussed yet is the function of the process of contractual interpretation as a potential catalyst for the ecological transition. In a nutshell: can – and if yes to what extent – means and rules of contractual interpretation observe general interests related to environmental sustainability? Getting to grips with this issue is by no means easy. The challenges are numerous and already arise from the current conceptions of contract and consumer law. Although there are some exceptions, these areas of law are traditionally designed and applied with eyes to economic efficiency and consideration of a single exchange only, without usually observing the general effects of an agreement on society, nature or third parties. But does this have to be so? And does the current legal and conceptual framework allow a different view?