ABSTRACT

In chapter 3, we described the default rule concept and its conceptual opposite, a mandatory rule. Parties are entitled to vary or exclude a default rule, but not a mandatory rule. We also stated that matters are not quite so simple in a multistate world. The existence of multiple courts and legal systems implies that parties may be able to dissociate with an undesirable mandatory rule. This opens out the mandatory/default dichotomy into a fourfold classification.