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Contract and Regulation: A Handbook on New Methods of Law Making in Private Law

Edited by: Roger Brownsword, Rob A.J. van Gestel, Hans W. Micklitz

ISBN13: 9781784710651
Published: September 2017
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £172.00

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Contract law is increasingly used to serve regulatory purposes considered beyond the reach of private law. This Handbook explores a range of modern practices that are not typically treated in standard expositions of this area.

By exploring these phenomena, it reveals the changing role of regulatory private law in a globalised legal world - one where distinctions between public and private law, hard law and soft law, and rule making and contracting have become increasingly blurred. Contributors explore key examples drawing on an extensive range of private law.

The book pays close attention to the use of codes of conduct to coordinate and steer behaviour in business-to-business and business-to-consumer relationships, concerning health and safety, environment, and employment conditions. It also examines the formation of contractual 'networks', such as franchises, to regulate multi-party trade relationships, and the application of contracts and contract law to secure business and consumer compliance with public standards.

With its global reach and detailed research, this Handbook will appeal to academics exploring the potential of new law-making methods and practitioners looking to gain insight into emerging approaches to private law.

Contract Law
Introduction - Contract and Regulation: Changing Paradigms
Part I Codes
1. Industry Codes of Conduct, the Foundations of Contract Law and Regulation: a Bottom-Up Perspective
Marie-Claire Menting
2. Corporate codes of conduct and contract law: A Doctrinal and Normative Perspective
Anna Beckers
3. EU Internal Market Law and Codes of Conduct,
Mislav Mataija
Part II Networks and Relations
4. From ‘The Law of A and B’ to Productive Learning at the Interfaces of Contract
Rónán Condon
5. Network Commercial Relationships: What Role for Contract Law?
Catherine Mitchell
6. Networks and Informal Contract Law
Eric Tjong Tjin Tai
Part III Compliance
7. Monitoring Compliance with Contracts and Regulations: Between Private and Public Law,
Monika Namyslowska
8. Private Regulatory Standards in Commercial Contracts: Questions of Compliance
Paul Verbruggen
9. Private Regulation, Compliance and Reviewability of Contracts
Dorota Leczykiewicz