Contractual Interpretation and Environmental Sustainability
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Revu par les pairs
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?
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