Legal Pluralism in European Contract Law
Series: Oxford Studies in European Law;
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Product details:
- Edition number 1
- Publisher OUP Oxford
- Date of Publication 10 September 2020
- ISBN 9780198854487
- Binding Hardback
- No. of pages288 pages
- Size 240x165x22 mm
- Weight 594 g
- Language English 36
Categories
Short description:
This book deals with lawmaking in consumer markets, focusing on the increased importance of contracts and self-regulation which have become primary instruments for designing and monitoring legal relationships between businesses and consumers. It asks how common values and objectives of EU law can be protected when lawmaking shifts beyond state law.
MoreLong description:
The relevance of contracting and self-regulation in consumer markets has increased rapidly in recent years, in particular in the platform economy. Online platforms provide opportunities for businesses and consumers to connect with strangers, often across borders, trading products, and services. In this new economy, platform operators create, apply and enforce their own rules in their contractual relationships with users. This book examines the substance of these rules and the space for private governance beyond the reach of state regulation.
Vanessa Mak explores recent developments in lawmaking 'beyond the state' with case studies focusing on companies such as Airbnb and Amazon. The book asks how common values and objectives of EU law, such as consumer protection and contractual fairness, can be safeguarded when lawmaking shifts to a space outside the reach of state law.
Table of Contents:
Introduction
New Legal Pluralism and Transnational Private Law
A Theory of Substantive Deliberation
Objectives and Values: Economic and Social Rights in European Private Law
Pluralism in European Private Law
The Platform Economy: Regulatory Instruments
The Normative Side: Transparency in the Platform Economy
More Normativity: Standardisation
Managing Pluralism
Conclusion
