Restricting freedom of contract through non-discrimination provisions? A comparison of the Draft Common Frame of Reference (DCFR) and the German “General Equality Law”

Fuente: Organización Internacional del Trabajo (OIT)
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Bibliographic Details
Main Authors: Franz Christian Ebert, Tobias Pinkel
Format: Artículo científico
Published: International Labour Organization 2009
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author Franz Christian Ebert
Tobias Pinkel
author_facet Franz Christian Ebert
Tobias Pinkel
Franz Christian Ebert
Tobias Pinkel
contents Restricting freedom of contract through non-discrimination provisions? A comparison of the Draft Common Frame of Reference (DCFR) and the German “General Equality Law” Franz Christian Ebert Tobias Pinkel In recent years hardly any field of private law has given rise to the amount of debate that was provoked by the non-discrimination legislation adopted at the European level and, subsequently, by various Member States. In particular, the run-up and the adoption of the German Allgemeines Gleichbehandlungsgesetz (German General Equality Law, hereafter “AGG”) were subject to extensive deliberation. Numerous German private lawyers objected to the perceived dilution of freedom of contract that they felt would result from the comprehensive private law protection against discrimination. 10.1017/S2071832200018319 DOI https://doi.org/10.1017/S2071832200018319 publication.journalArticle
format Artículo científico
id ilo_995380992002676
institution Organización Internacional del Trabajo (OIT)
publishDate 2009
publisher International Labour Organization
spellingShingle Restricting freedom of contract through non-discrimination provisions? A comparison of the Draft Common Frame of Reference (DCFR) and the German “General Equality Law”
Franz Christian Ebert
Tobias Pinkel
Restricting freedom of contract through non-discrimination provisions? A comparison of the Draft Common Frame of Reference (DCFR) and the German “General Equality Law” Franz Christian Ebert Tobias Pinkel In recent years hardly any field of private law has given rise to the amount of debate that was provoked by the non-discrimination legislation adopted at the European level and, subsequently, by various Member States. In particular, the run-up and the adoption of the German Allgemeines Gleichbehandlungsgesetz (German General Equality Law, hereafter “AGG”) were subject to extensive deliberation. Numerous German private lawyers objected to the perceived dilution of freedom of contract that they felt would result from the comprehensive private law protection against discrimination. 10.1017/S2071832200018319 DOI https://doi.org/10.1017/S2071832200018319 publication.journalArticle
title Restricting freedom of contract through non-discrimination provisions? A comparison of the Draft Common Frame of Reference (DCFR) and the German “General Equality Law”
url https://researchrepository.ilo.org/esploro/outputs/journalArticle/Restricting-freedom-of-contract-through-non-discrimination/995380992002676