- 13 December 2018
2311 GJ Leiden
- Prof.mr. A.G. Castermans
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The exact nature of the legal relationship between pupils, parents and schools in funded primary and secondary education is no cut-and-dried case. The law is silent on the topic and case law offers no clear answer. Literature on the matter offers various possibilities in relation to civil law, administrative law or a mixed character, referring among other things to the distinction between public and privately-run education and public law standards in education.
The dissertation considers the legal relationship between pupil, parents and school from the perspective of contract law. Its point of departure is that the legal relationship can be qualified as an agreement: an education agreement. What does the application of contract law in the education relationship imply? What can contract law offer in relation to the education relationship? Fundamental doctrines of contract law concerning formation, content and remedies are applied in the context of education, in each case with due observation of public law standards.
Maarten Muns, Scientific Communications Adviser, Leiden University
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