Abstract
This chapter first discusses the problems that arise when applying general principles of contract law to the way in which long-term contracts are regulated and then presents an alternative approach – ‘Relational Contract Theory’ (RCT) – that focuses on the parties’ relationship during the term of the contract. The case study chosen for this purpose examines two social long-term contracts: prenuptial agreements and residential tenancy agreements. I will argue that the three general principles of contract law are ill suited to regulate these types of long-term contracts and that more attention should be paid to the parties’ evolving relationship. This is a more suitable approach, given the RCT’s focus on the parties’ relationship, rather than on the ‘black and white’ letter of the contract itself, which conforms to Point 6 of the European Social Contracts Group Declaration (‘EuSoCo Declaration’), which states that the law “should be able to cope with long-term relational problems of changes in human lives instead of providing only remedies typical of spot contracts.”
Original language | English |
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Title of host publication | Embedding the principles of life time contracts |
Subtitle of host publication | a research agenda for contract law |
Editors | Luca Ratti |
Place of Publication | Utrecht |
Publisher | Eleven Publishing |
Chapter | 8 |
Pages | 163-185 |
Number of pages | 23 |
ISBN (Electronic) | 9789462747388 |
ISBN (Print) | 9789462367739 |
Publication status | Published - 2018 |