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Université de Fribourg

The Contracting State and Its Courts : A historical comparative view on contracts between the state and private persons

Abegg, Andreas

In: Papers Presented in the Center for the Study of Law and Society Bag Lunch Speaker Series, 2009, no. 38, p. 1-33

Since the 1970s in the US, Europe, and indeed throughout the world, there has been a move to transfer public power to private entities, to replace public agencies with private contractors. Alongside this political and administrative development a new scholarly school has developed: one which argues that contract will become the new form of regulation for the emergent public services provided by...

Université de Fribourg

Civil Society Constitutionalism: The Power of Contract Law

Abegg, Andreas ; Amstutz, Marc ; Karavas, Vaios

In: Indiana Journal of Global Legal Studies, 2007, vol. 14, no. 2, p. 235-258

This article argues that the vision of a social law of contract is exhibited in the judgment of the Swiss Federal Court in Post v. Verein gegen Tierfabriken (“VgT”). The judgment is one of a law of contract that interacts with a community of the subjects instead of the individual subjects of a community. This paper contends that law today has the task of providing for the areas of social...

Université de Fribourg

Public-Private Contractual Networks and Third Parties’ Rights : The Contracting State as a Challenge for Private Law

Abegg, Andreas

In: Festschrift für Gunther Teubner zum 65. Geburtstag, 2009, p. 201-214

In public-private partnership, the question of a third party's rights always was and still remains very controversial. On the one hand, public law has elaborated extensively on third parties' rights over the years. Solutions range from the two-step approach (Zweistufentheorie) to the extensive use of constitutional rights to the requirement of a compulsory written consent. On the other hand,...

Université de Fribourg

Regulation of Hybrid Networks at the Intersection between Governmental Administration and Economic Self-Organisation

Abegg, Andreas

In: Contractual Networks: Legal Issues of Multilateral Cooperation, 2009, p. 255-289

Today’s increasingly co-operative relations between the state and private persons have brought numerous new problems to the law. It may even be held that the new types of ‘co-operationism’ between the state and private persons has plunged the law into deep crisis. This is because by freeing the administration from the constraints which are binding by statute, on the one hand, and...

Université de Fribourg

Freedom of Contract in the 19th Century: Mythology and the Silence of the Sources : Review Essay – Sibylle Hofer’s Freiheit ohne Grenzen? privatrechtstheoretische Diskussionen im 19. Jahrhundert

Abegg, Andreas ; Thatcher, Annemarie

In: German Law Journal, 2004, vol. 5, p. 101-114

In her legal history postdoctoral Habilitation-study Freiheit ohne Grenzen? (Unlimited Freedom?), Sibylle Hofer comes to the conclusion that despite a large absence of discourse on contractual freedom the perception of unlimited freedom in the 19th Century private law theorie cannot be confirmed, instead this is more of a myth. By exploring the larger context of societal development at the end of...