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Bank guarantee case : ウィキペディア英語版 | Bank guarantee case
The ''Bank guarantee case'' or ''Bürge'' (19 October 1993) BVerfGE (89, 214 ) is a German contract law case, concerning the interpretation of private law, and particularly the law of contract, in a way that is compatible with basic human rights principles. It was held that the power of freedom of contract must be interpreted in a way that protects people's genuine (rather than formal) autonomy, in those situations where there is a structural inequality of bargaining power. ==Facts== The case concerned a series of claimants, including spouses and children, of a party which had mortgaged the family home, in order to secure a loan from a bank. The banks had required that, in return for the loans, the family would guarantee the debts. The validity of these contracts were challenged.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Bank guarantee case」の詳細全文を読む
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