OPTIONAL TERMS (JUS DISPOSITIVUM) AND REQUIRED TERMS (JUS COGENS) IN THE LAW OF CONTRACTS
Lenhoff, Arthur
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Cited
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1950s1960s
Most recently cited by2
- 1961Cooper v. Commercial Insurance N.Y. App. Div.
- 1959Western New York Medical Plan, Inc. v. Wikler N.Y. App. Div.
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Abstract
In speaking of statutory law in the common law courts, lawyers have ascribed to it a limiting office, namely, that of interference with the parties' freedom to act and transact at their pleasure. A closer consideration shows them that the function of statutory law varies not only with the legal system to which it belongs, but also with the structural changes within a single legal system.