Conscientious objection in contract law. A contribution to the discussion
Journal Title: Polish Law Review - Year 2015, Vol 1, Issue 1
Abstract
The conscience clause is generally associated with the medical professions, namely doctors, dentists, nurses, and midwives. In practice, controversies over conscientious objection often regard matters such as performing abortions or prenatal examinations, administering abortion pills, or the selling of abortion pills and contraceptives. However, can we really state that it is the case that the conscience clause is of such a limited significance and only pertinent in such a narrow grouping of applications and areas?<br/><br/>The paper presented intends to assess the very structure of the conscience clause from a novel and altogether broader perspective, and then to answer the question of whether any legal allowance for conscientious objection may be made within the context of contract law without coming into conflict with current legislation.<br/><br/>The starting point of this paper is the notion that the conscience clause is not a term typically used in civil law. Although many general concepts are commonly taken account of within the framework of civil law, when it actually comes to the interpretation and application of conscientious objection, the latter is most definitely not a familiar theme in civil law. This paper analyses the relationships between the most well-known of the general clauses present in civil law, such as the principles of community life, good faith, good practices, equity as well as the conscience clause. It also refers to incidents from the United States in order to highlight the influence of the conscience clause on contract law. In the concluding remarks the author attempts to answer the following question: Is there any place for the conscience clause in the law of obligations?<br/><br/>
Authors and Affiliations
Izabela Adrych-Brzezińska
Keywords
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