Of Private Law, Market Regulation and Telling Them Apart in the EU

17 Pages Posted: 11 Apr 2017

See all articles by Candida Leone

Candida Leone

University of Amsterdam - Faculty of Law

Date Written: April 05, 2017


This paper seeks to engage with the theme of the conference, Private Law and Regulation, and with the organizers’ research theme, “coherent private law”, at two main levels. On the one hand, it connects to the question of private law and market regulation by zooming in on one specific manifestation of private law - unfair contract terms under European harmonised rules - which is arguably already regulatory private law. Rather than discussing the impact of public law rules on private law adjudication, then, the paper seeks to show how public law rationales impact private law rules when the latter are adopted and “used” as a regulatory instrument. This argument is sketched on the basis of a case study on the European Court of Justice’s interpretation of the Unfair Terms Directive. After having presented this study, the paper concludes by briefly exploring what options are available for private lawyers to claim a residual relevance of their subject and its principles in a context which seems to put all these consolidated ideas under increasing strain.

Keywords: unfair terms, contract law, regulation, EU private law, regulatory private law

JEL Classification: k12

Suggested Citation

Leone, Candida, Of Private Law, Market Regulation and Telling Them Apart in the EU (April 05, 2017). Amsterdam Law School Research Paper No. 2017-28, Centre for the Study of European Contract Law Working Paper Series No. 017-04, Available at SSRN: https://ssrn.com/abstract=2949875 or http://dx.doi.org/10.2139/ssrn.2949875

Candida Leone (Contact Author)

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB

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