Post-Private Law?

Amsterdam Law School Research Paper No. 2014-48

13 Pages Posted: 5 Sep 2014 Last revised: 8 Sep 2014

See all articles by Martijn W. Hesselink

Martijn W. Hesselink

European University Institute; University of Amsterdam

Date Written: September 4, 2014


In 2012, Hans Micklitz presented a report (Gutachten) for the German lawyers’ association (Deutscher Juristentag), which was recently published also in English, in which he asked the question: ‘Do consumers and businesses need a new architecture of consumer law?’ Micklitz answers the question of whether there is a need for a new design of consumer law positively. Consequentially, he proposes to reshape consumer law into a special law. In this short contribution to a Festschrift in his honour, I take issue with that proposal and with the main reasons Micklitz offers in its support.

Keywords: consumer law, private law, contract law

JEL Classification: K12

Suggested Citation

Hesselink, Martijn W., Post-Private Law? (September 4, 2014). Amsterdam Law School Research Paper No. 2014-48, Available at SSRN:

Martijn W. Hesselink (Contact Author)

European University Institute ( email )

Villa Salviati
Via Bolognese 156
Florence, 50139

University of Amsterdam ( email )

University of Amsterdam, Faculty of Law
P.O. Box 1030
Amsterdam, 1000 BA

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