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Legal Pluralism in European Contract Law

Online ISBN:
9780191888779
Print ISBN:
9780198854487
Publisher:
Oxford University Press
Book

Legal Pluralism in European Contract Law

Vanessa Mak
Vanessa Mak
Tilburg University, Professor of Private Law
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Published online:
22 October 2020
Published in print:
10 September 2020
Online ISBN:
9780191888779
Print ISBN:
9780198854487
Publisher:
Oxford University Press

Abstract

The relevance of contracting and self-regulation in consumer markets has increased rapidly in recent years, in particular in the platform economy. Online platforms provide opportunities for businesses and consumers to connect with strangers, often across borders, trading products, and services. In this new economy, platform operators create, apply, and enforce their own rules in their contractual relationships with users. This book examines the substance of these rules and the space for private governance beyond the reach of state regulation. It explores recent developments in lawmaking ‘beyond the state’ with case studies focusing on companies such as Airbnb and Amazon. The book asks how common values and objectives of EU law, such as consumer protection and contractual fairness, can be safeguarded when lawmaking shifts to a space outside the reach of state law.

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