Mandatory and Default Rules in Private Law

Mandatory and Default Rules in Private Law

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The paper summarizes philosophical, historical and doctrinal background of the differentiation between mandatory and default rules in private law in general and in company law in particular.The conclusion here of the author is the plea to provide for a clear guidance in the respective doctrine and legislation as to the criteria and principles applicable to distinguishing between amina muaddi scarpe trasparenti the two types of regulations.