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
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
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