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Open research questions in Legal principles and applications

288 gap statements mined from Legal principles and applications papers in our 7.9M-paper local library, which holds 4,322 papers on the topic — drawn mostly from each paper's own stated research gap, future-work, challenge and limitation notes, and its abstract. The ones listed below are a selection still marked open; each names the study that raised it, with a DOI link where the paper has one.

Choosing where to publish on Legal principles and applications? See the ranked Social Science journals.

What the literature leaves open

  • The need to protect vulnerable persons, such as minors and the mentally unsound, from entering contractual obligations. The importance of ensuring fairness and protecting vulnerable persons in contractual relationships.

    FREE CONSENT AND CAPACITY TO CONTRACT · 2026 · DOI

  • The lack of an effective and well-functioning mechanism for protecting civil law rules and legislative norms. The difference between civil law and public branches, such as criminal or administrative law.

    PROTECTION OF RIGHTS AND CIVIL LIABILITY · 2026 · DOI

  • Future research could explore the development of more inclusive and equitable public procurement policies. The study's findings could inform the development of more effective remedies in public procurement procedures.

    Access to Justice and Human Dignity: A Special Focus on Appeals in Public Procurement Law · 2026 · DOI

  • The research highlights the need for more effective and rapid means of redress in public procurement procedures.

    Access to Justice and Human Dignity: A Special Focus on Appeals in Public Procurement Law · 2026 · DOI

  • Future research should explore the implications of common law for European private law. The concept of common law should be further studied in the context of European legal systems.

    The Civil Law’s Common Law · 2026 · DOI

  • Future research could explore the application of the principle of good faith in different areas of private law. It could also examine the implications of the principle of good faith for contractual relationships in different jurisdictions.

    CONTRACTUAL JUSTICE AND THE PRINCIPLE OF GOOD FAITH: A JUDICIAL PERSPECTIVE FROM · 2026 · DOI

  • It highlights the need for a coherent theoretical framework for judicial intervention in contractual content determination.

    CONTRACTUAL JUSTICE AND THE PRINCIPLE OF GOOD FAITH: A JUDICIAL PERSPECTIVE FROM · 2026 · DOI

  • The study notes the challenge of limited access to legal resources for vulnerable groups.

    A symmetric enforcement of good faith provisions: a systematic review of contractual remedies for weaker parties in common law systems · 2026 · DOI

  • The study highlights the need for legal protection for weaker parties in contractual relations.

    A symmetric enforcement of good faith provisions: a systematic review of contractual remedies for weaker parties in common law systems · 2026 · DOI

  • Future research could examine the implications of the dual standard of review in other contexts. Future research could also explore the effects of the doctrine on government contracting and the economy.

    The Dual Standard of Review in Contracts Clause Jurisprudence · 2026 · DOI

  • The gap in the current law is the inadequacy of traditional procedural penalties in addressing the abuse of procedural rights. The lack of clear guidelines for awarding damages in cases of procedural will deviation is a significant gap. The study identifies the need for a framework for compensating damages resulting from procedural will deviation.

    COMPENSATION FOR DAMAGES RESULTING FROM DEVIATION OF PROCEDURAL WILL · 2026 · DOI

  • Much work remains to be done in the precise calibration of an optimal tiered liability system. For instance, if an ‘insider’ gains awareness of management practices that need changing, but does not succeed in convincing others, they could send a letter to the regulator making their views known (these would then need to be examined and evaluated by the latter).

    The case for tiered liability: evidence from the City of Glasgow Bank failure · 2026 · DOI

  • The mere fact of delivery was insufficient. On this view, indigenous or migrant practices—often described as informal, customary, or insufficiently defined—were rendered intelligible through the application of systematic legal categories such as contract, property, and trust.

    BAILMENT WITHOUT CATEGORIES: QING LEGAL NORMS, CHINESE DIASPORA FINANCE, AND THE COLONIAL RECONSTITUTION OF PRIVATE LAW IN MALAYA (C. 1820–1920) · 2026 · DOI

  • Future research could consider using a case study approach to examine the existence and effects of such rare circumstances. At the same time, ethical issues such as the independence of proxy advisory firms are increasingly questioned, and the owners’ influence on proxy advisors has not been studied empirically to determine whether the concerns expressed are valid.

    Ownership and Independence of Proxy Advisors · 2026 · DOI

  • The system CJ97 has a weak form of conditional deontic explosion. The paper identifies the need for further exploration of subsystems of CJ97 or similar systems. The paper highlights the importance of assessing the adequacy of deontic logic systems for real-world applications.

    Classification and Deontic Explosion for Contrary-to-Duty Obligations · 2026 · DOI

  • Case C-365/23 'Arce' constitutes a landmark judgment by the 'Court of Justice of the European Union', as it brings into focus the underexplored intersection of EU consumer protection law, the rights of minor athletes, and the sports industry.

    MINOR-ATHLETES-AS-CONSUMERS--A-CASE-STUDY-ON-THE-CJEUS-REINTERPRETATION-OF-EU-CONSUMER-LAW · 2025 · DOI

  • This article asks a simple question: when indistinguishable items of personal property owned by A and by B are mixed together, what rights do A and B have in relation to the resultant mass? It is argued that there is insufficient evidence in the positive law to provide any convincing answer to this question, and so it is asked which interpretation that can be drawn out from the law ought to be adopted.

    Sorting Out Mixtures of Property at Common Law · 2020 · DOI

  • The legal provisions regarding the institute of professional liability, as well as the subcategory of professional civil liability of lawyers, notaries public and enforcement agents, are insufficiently regulated in the Macedonian positive law and insufficiently considered in the legal doctrine and literature on this matter.

    Compensation of damage in case of professional liability in legal professions under the law of the Republic of Macedonia · 2018 · DOI

  • Future research should examine the implications of amending cost-benefit analysis to account for distributional effects. Future research should consider the potential Pareto criterion in more detail.

    The justice and rationale of cost-benefit analysis · 1987 · DOI

  • The paper argues that the existing accounts of the strong cause test are inadequate.

    Strong Cause · 2026 · DOI

  • The author notes that codification is often associated with the civil law world. The paper explores the potential for codification in modern English law.

    Codification in the Common Law · 2026 · DOI

  • The Social Insurance Institution’s control activities are often based on subjective feelings.

    Glosa do wyroku Sądu Najwyższego z 27 lutego 2025 r., sygn. akt I USKP 97/24 (glosa częściowo krytyczna) · 2026 · DOI

  • The authors argue that the doctrine has no place in the post-Jogee law of complicity.

    OVERWHELMING SUPERVENING ACTS – A CORRECTIVE · 2025 · DOI

  • In much of American case law, once the contract has been rescinded on the ground of its breach, P's claim for quantum meruit is not to be limited by the amount stipulated in P's contract with D,17 and P conceivably may recover an amount exceeding that agreed upon for full performance.

    Does the Dead Contract Rule Restitution from Its Grave · 2012

  • The paper identifies a gap in the literature regarding the dual standard of review in Contracts Clause jurisprudence. The paper aims to contribute to the debate about this doctrine.

    The Dual Standard of Review in Contracts Clause Jurisprudence · 2026 · DOI

Most-cited papers in Legal principles and applications

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Open questions raised by papers listed on this page include: (1) The lack of an effective and well-functioning mechanism for protecting civil law rules and legislative norms (“PROTECTION OF RIGHTS AND CIVIL LIABILITY”, 2026); (2) Future research could explore the development of more inclusive and equitable public procurement policies (“Access to Justice and Human Dignity: A Special Focus on Appeals in Public…”, 2026); (3) Future research should explore the implications of common law for European private law (“The Civil Law’s Common Law”, 2026); (4) Future research could explore the application of the principle of good faith in different areas of private law (“CONTRACTUAL JUSTICE AND THE PRINCIPLE OF GOOD FAITH: A JUDICIAL PERSPECTIVE FROM”, 2026); (5) Future research could examine the implications of the dual standard of review in other contexts (“The Dual Standard of Review in Contracts Clause Jurisprudence”, 2026). 288 gap statements have been mined from Legal principles and applications papers in our 7.9M-paper local library, which holds 4,322 papers on the topic; the gaps come from whichever of those papers state one. They are mostly the research gaps the authors state and the papers' abstracts, plus future-work, limitations and challenges passages. The ones listed below are a selection still marked open; each names the study that raised it, with a DOI link where the paper has one, so you can read the original claim in context.

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