Notions of rights are also assuming greater importance in private law in other respects human rights instruments are having an increasing influence on private law doctrines and in the law of unjust enrichment an important debate has recently begun on the relationship between restitution of rights and restitution of value. This chapter provides an overview of the relationship between rights and private law the chapter is structured as follows in part ii we examine the meaning of rights or rights based analysis of private law in part iii we. Law the civil courts have recognized human rights in private law these rights are aimed at other private parties and they include inter alia freedom of contract 18 the right to ones good name 9 freedom of movement and personal liberty20 2 common law rights have also been applied in private law common law human rights have been applied . Rights and private law donal nolan and andrew robertson rights in private law peter cane our most fundamental rights allan beever social purposes fundamental rights and the judicial development of private law francois du bois rights and other things robert stevens beyond right and duty lundstedts theory of obligations tt arvind
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