Commercial Contract and Corporate Social Responsibility Values: A European Perspective and an Attempt of Normative Approach

TY - CHAP

T1 - Commercial Contract and Corporate Social Responsibility Values

T2 - A European Perspective and an Attempt of Normative Approach

AU - Andhov, Alexandra

N1 - The author has changed her name from Alexandra Horváthová to Alexandra Andhov during the publishing process.

PY - 2018/11/2

Y1 - 2018/11/2

N2 - The topic of corporate social responsibility (CSR) has been captioned under many names and forms while emphasizing the role of business in society. According to CSR proponents, corporations should create value for their shareholders in a way that it also creates value for society. The CSR notion has become present in commercial as well as contractual relationships. Yet, its legal normative rationale continues to be challenged. This chapter analyses the position of contract from a modern contract law theory reflecting on the evolution of contract law theory and the understanding of contract as a social concept. CSR in this chapter is represented by a set of values and thus it is analysed to what extent values have been an element of contracts. Ultimately, this chapter analyses the position of European legal frameworks, the CESL, the PECL and the DCFR. The chapter carries out an inquiry into the state of the European common contract law frameworks and their embracement and inclusion of values. The chapter through normative determination aims to show that the modern contract law theory supports inclusion of CSR values into the contracts. The same trend is visible in the European contract law frameworks.

AB - The topic of corporate social responsibility (CSR) has been captioned under many names and forms while emphasizing the role of business in society. According to CSR proponents, corporations should create value for their shareholders in a way that it also creates value for society. The CSR notion has become present in commercial as well as contractual relationships. Yet, its legal normative rationale continues to be challenged. This chapter analyses the position of contract from a modern contract law theory reflecting on the evolution of contract law theory and the understanding of contract as a social concept. CSR in this chapter is represented by a set of values and thus it is analysed to what extent values have been an element of contracts. Ultimately, this chapter analyses the position of European legal frameworks, the CESL, the PECL and the DCFR. The chapter carries out an inquiry into the state of the European common contract law frameworks and their embracement and inclusion of values. The chapter through normative determination aims to show that the modern contract law theory supports inclusion of CSR values into the contracts. The same trend is visible in the European contract law frameworks.

KW - Faculty of Law

KW - CSR

KW - contracts

KW - EU

U2 - 10.1007/978-3-319-95969-6_11

DO - 10.1007/978-3-319-95969-6_11

M3 - Book chapter

SN - 978-3-319-95968-9

SP - 283

EP - 308

BT - The Future of the Commercial Contract in Scholarship and Law Reform

A2 - Heidemann, Maren

A2 - Lee, Joseph

PB - Springer

ER -