OPTIONAL TERMS (JUS DISPOSITIVUM) AND REQUIRED TERMS (JUS COGENS) IN THE LAW OF CONTRACTS

Authors

Arthur Lenhoff, University of Buffalo Law SchoolFollow

Abstract

In speaking of statutory law in the common law courts, lawyers have ascribed to it a limiting office, namely, that of interference with the parties' freedom to act and transact at their pleasure. A closer consideration shows them that the function of statutory law varies not only with the legal system to which it belongs, but also with the structural changes within a single legal system.

Recommended Citation

Arthur Lenhoff, OPTIONAL TERMS (JUS DISPOSITIVUM) AND REQUIRED TERMS (JUS COGENS) IN THE LAW OF CONTRACTS, 45 Mich. L. Rev. 39 (1946).
Available at: https://repository.law.umich.edu/mlr/vol45/iss1/3