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Private Law, Regulation and Justice

16 Pages Posted: 8 Mar 2016 Last revised: 12 Mar 2016

Martijn W. Hesselink

University of Amsterdam - Centre for the Study of European Contract Law (CSECL)

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Date Written: March 7, 2016

Abstract

This paper critically engages with the European Regulatory Private Law thesis (ERPL). The main strength of ERPL is that it offers an entirely new perspective on European private law. However, as a complete theory of European private law, ERPL is too one-sided, both from a descriptive and from a normative point of view. With its strong focus on the private law locked up in regulatory silos for specific market sectors it obscures the reality of the consumer acquis and its transformative force. A fuller picture would include the contours of a loosely coherent system of European private law that is currently emerging. The main pillars of that pragmatic system are (for now) the withdrawal rights, unfair terms control, and remedies for non-conformity. Moreover, the contribution of European private law to access justice cannot be the only standard for its evaluation and critique; at least as important are interpersonal justice and democratic legitimacy.

Keywords: European Regulatory Private Law, European private law, regulation, withdrawal rights, unfair terms control, remedies for non-conformity, interpersonal justice, democratic legitimacy, European contract law

JEL Classification: K12

Suggested Citation

Hesselink, Martijn W., Private Law, Regulation and Justice (March 7, 2016). Postnational Rulemaking Working Paper No. 2016-04; Centre for the Study of European Contract Law Working Paper Series No. 2016-03; Amsterdam Law School Research Paper No. 2016-13. Available at SSRN: https://ssrn.com/abstract=2744565 or http://dx.doi.org/10.2139/ssrn.2744565

Martijn W. Hesselink (Contact Author)

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

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

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