Services as Product: Commodification of Contracts in European Private Law

TISCO Working Paper on Banking, Finance and Services No. 07/2010

28 Pages Posted: 2 Nov 2010

Date Written: October 24, 2010

Abstract

Within legal scholarship there is hardly any discussion on the definition of services. It is submitted that the lack of a definition leads to anomalies. These are caused in particular by a specific kind of services: services as product. These have to be recognised in doctrine as falling under the broad concept of services, in order to make sense of EU-regulations and to be able to understand economic analysis. These ready-made services are an example of a broader phenomenon, called commodification of contracts. Regulation of services should either create specific rules for normal services and services as product, or constrict its applicability to only normal services.

Keywords: Commodification of Contracts, Services, Private Law, European Private Law, Services as Product

Suggested Citation

Tjong Tjin Tai, Eric, Services as Product: Commodification of Contracts in European Private Law (October 24, 2010). TISCO Working Paper on Banking, Finance and Services No. 07/2010 , Available at SSRN: https://ssrn.com/abstract=1701194 or http://dx.doi.org/10.2139/ssrn.1701194

Eric Tjong Tjin Tai (Contact Author)

Tilburg Law School ( email )

Tilburg, 5000 LE
Netherlands

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