Default Rules in Private Law

By: Birke Häcker (Editor), Johannes Ungerer (Editor)

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eBook | 18 September 2025

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Drawing on the experience of recognised experts from across a range of different fields and jurisdictions, this landmark publication tackles default rules in private law in comparative perspective. Often underestimated, but highly influential, default rules are non-mandatory rules that kick in where nothing else has been agreed or provided.

The contributions explore default rules from a variety of angles relevant to both scholarship and legal practice, including:
· behavioural aspects and the role of platform terms in the digital age;
· the remit and operation of defaults in different areas, ranging from contract and commercial law to succession, civil procedure and private international law;
· a comparison between Common law and Civilian approaches as well as the EU level;
· the perspectives of different 'players' engaged in the generation and application of default rules.