Date: 2006
Type: Working Paper
Self-regulation in European Contract Law
Working Paper, EUI LAW, 2006/43
CAFAGGI, Fabrizio, Self-regulation in European Contract Law, EUI LAW, 2006/43 - https://hdl.handle.net/1814/6427
Retrieved from Cadmus, EUI Research Repository
This paper addresses self-regulation as a complementary means to harmonize and regulate
European Contract Law. In the context of the paper SR is conceived as a complementary device to
legislation and as a monitoring device to verify ECL implementation.
Within self-regulation different players and forms of rule.making are examined.
In relation to players different private organizations are considered: independent organizations
and self-interested organizations, which will be further differentiated according to the nature of the
represented interests.
In relation to the institutional environment a distinction is assumed between market and private
non market rule-making. In the market environment private organizations provide rules, including
standard contract forms for a price or more generally for remuneration, in the non market
environment private organizations provide contract rules for free.
The main aims of the paper are (1) to demonstrate the necessity to consider self-regulation
(hereinafter SR) as a significant component of the debate concerning the definition of Common
Frame of References (hereinafter CFR), (2) to identify the role and the limits of self-regulation in
the formation of European Contract Law particularly associated with competition law and fairness,
and (3) to show the strong correlation between the governance of self-regulatory bodies and the
substance of European Contract Law (hereinafter ECL)
Cadmus permanent link: https://hdl.handle.net/1814/6427
Series/Number: EUI LAW; 2006/43
Publisher: European University Institute
Keyword(s): Contract law Self-regulation European law Competition law Consumer