Proportionality in Private Law

edited by Franz Bauer and Ben Kohler

Book cover: Proportionality in Private Law

Extent: 232 pages

Publisher: Mohr Siebeck

Subjects: Law

Series: Studien zum ausländischen und internationalen Privatrecht

Series volume number: 500

Language: English

Paperback (Published)

(May 2023)

ISBN: 9783161622922

9.09 x 6.06 inches

Price: $87.00

In stock

Proportionality is not exclusively a public law concept but also plays an important role in various private law contexts. The present volume explores different manifestations of proportionality reasoning in private law across different jurisdictions and combines theoretical, constitutional, and comparative perspectives.


Proportionality is a ubiquitous concept in law. While mostly associated with fundamental rights review, it also plays an important role in private law. In this context, proportionality requirements can be the result of both traditional private law reasoning and the influence of constitutional law. The present volume aims to explore different forms and functions of proportionality in selected private law contexts and jurisdictions. The contributions cover constitutional and theoretical underpinnings of proportionality’s role in private law as well as specific examples of how proportionality affects private law in different areas and across different jurisdictions. They include perspectives on German and US-American private, procedural, and constitutional law as well as a special focus on the European dimension.

  • Edited by Franz Bauer
  • Edited by Ben Köhler