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This article deals with a particularly difficult constellation in the law of mistake which has not yet been satisfactorily resolved. It concerns cases in which the seller errs as to the value-enhancing qualities of the object sold: he sells a painting by a great master thinking it is worthless,...
This paper addresses a fundamental but somewhat neglected issue regarding the discussion on the function of European Contract Law. At a time when both academics and political actors show their interest in drafting a comprehensive body of rules meant to be available to market operators across...
This paper illustrates that the balance between the principle of pacta sunt servanda and the situations where, in extraordinary circumstances, a party should be released from their contractual obligations is delicate. Where the answer cannot be clearly derived from the contract, the outcome...
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