Private Law and the State

This collection explores the relationship between the state and private law. It does this by addressing four overlapping questions, beginning by asking why states recognise and enforce private law obligations and liabilities. It goes on to ask how the state as a legal actor is subject to private law. The third question explored relates to the relationship between private law and public law. Finally, it examines the role of the public interest in private law. With the perspectives of world-leading commentators from both academia and the judiciary, this book provides a fascinating assessment of a crucial but complex relationship.

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