Contract Governance - A Draft Research Agenda

European Review of Contract Law, Vol. 5, p. 248, 2009

37 Pages Posted: 6 Nov 2009

See all articles by Florian Möslein

Florian Möslein

Universität Marburg (Institut für Handels- und Wirtschaftsrecht); Munich Center on Governance (MCG)

Karl Riesenhuber

Ruhr-University Bochum - Faculty of Law; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: November 4, 2009

Abstract

While the concept of governance had originally been developed in Williamson’s seminal article with a view to the “governance of contractual relations”, it has ironically not received much attention in general contract law theory so far. This paper aims at developing potential perspectives that might arise from governance research in the field of contract law. Contract governance appears to be an important and indeed necessary complement to corporate governance. Contract and organisation are distinct forms of cooperation, yet, they are complementary and, in some cases, contract and organisation can be alternative instruments for the same goals. Moreover, the market mechanism as such requires an organisational framework which may exert an influence on market results and which is open to a governance analysis. Contract governance opens up the perspective for its various incentives and regulatory mechanisms. In that respect, governance research goes beyond traditional contract law theory: It can enhance "better" regulation, for example by helping to avoid misdirected regulation and counter-intentional effects. Contract governance may thus help preserving individual freedom as it may contribute to less intrusive regulation.

Keywords: Contract Governance, Contract Law Theory, Regulation, Governance

JEL Classification: K12, K20, G30

Suggested Citation

Möslein, Florian and Riesenhuber, Karl, Contract Governance - A Draft Research Agenda (November 4, 2009). European Review of Contract Law, Vol. 5, p. 248, 2009. Available at SSRN: https://ssrn.com/abstract=1499614

Florian Möslein (Contact Author)

Universität Marburg (Institut für Handels- und Wirtschaftsrecht) ( email )

Savignyhaus
Universitätsstraße 6
Marburg, 35032
Germany

HOME PAGE: http://www.uni-marburg.de/fb01/lehrstuehle/zivilrecht/moeslein

Munich Center on Governance (MCG) ( email )

Geschwister-Scholl-Platz 1
Munich, Bavaria 80539
Germany

HOME PAGE: http://www.mcg.uni-muenchen.de

Karl Riesenhuber

Ruhr-University Bochum - Faculty of Law ( email )

Universitätsstraße 150
Bochum, NRW 44780
Germany

HOME PAGE: http://www.rub.de/ls-riesenhuber

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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