YEAR 2022 No 2
Christian von Bar
Contract Law; Fundamental Rights; Contracts in Disrespect of Human Dignity; Law governing the Natural Person; Assisted Dying.
Modern private law needs to be shaped by human and fundamental rights. The rules governing the law of the natural person have to be rooted in the constitutional demand of protecting human dignity. This overarching principle is also relevant for contract law. Contracts in disregard of human dignity are unenforceable. Human dignity is particularly vulnerable at the end of life. The law on assisted dying has to take that into account. It should free itself from ideology and simplifying religious concepts.