The Limits of Self-Commitment in Private Law – Legal Paternalism and Behavioural Economics in Family Law, Corporate Law and Consumer Law
In May 2014 my post-doctoral thesis („Habilitation“) entitled „The Limits of Self-Commitment in Private Law – Legal Paternalism and Behavioural Economics in Family Law, Corporate Law and Consumer Law“ has been published (in German).
In spite of its liberal stance, German private law has numerous regulations aimed at protecting the contracting party from the disadvantages of his/her own decision. Based on this fact, I trace the requirements and limits of legal paternalistic intervention in the freedom of contract and, using the insight gained from this, I develop a concept of the conditions for the justification of legal paternalism in private contractual relationships.