22.01 It is commonplace for legal jurisdictions of all persuasions to reserve the right to impose form requirements on parties’ contracts. This reservation is typically found in or near the same articles or provisions that expressly grant freedom of contract and form.1 22.02 The purpose and importance of form requirements has changed dramatically over time. These changes have been of such a fundamental nature that it would be incorrect to describe it as an evolution. Whereas once form played a substantive and integral role in the legal process, in more recent...
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