Private Law and Fundamental Rights

Abstract

The aim of this general report is to identify the role and influence of human rights and basic rights (fundamental rights) in private law across different jurisdictions. It was prepared on the basis of the session ‘The influence of human rights and basic rights in private law’ at the XIXth International Congress of Comparative Law, organized by the IACL—International Association of Comparative Law, which took place between 20 and 26 July 2014 in Vienna, Austria. Nineteen national reports on countries from all over the world contributed to this end. This report aims to be international and is not solely limited to the influence of fundamental rights in private law in Europe but also covers non-European and non-European Union jurisdictions. It focuses on the application and influence of fundamental rights in private law, as reflected in case law and legislation. In this context, several trends can be identified. Fundamental rights influence different spheres of private law, though in a limited manner and predominantly indirectly in various fields of horizontal relationships. In particular, this is shown through the impact of fundamental rights on the interpretation of different private law concepts and legal rules, thereby affecting their content.