A Handbook on New Methods of Law Making in Private Law
Edited by Roger Brownsword, Rob A.J. van Gestel and Hans-W. Micklitz
Chapter 6: Networks and informal contract law
In the discussion between formal and informal contract law it is suggested that networks would benefit from informal contract law. This hypothesis is tested with the example of Dutch contract law, which is relatively informal. Three case studies are explored, which suggest that an informal contract law does remove certain barriers, but introduces other problems. Further doctrinal research is required in order to adequately facilitate networks. Solutions should not solely be looked for in additional rules, but rather in proportionate remedies and procedure-oriented communication structures. Keywords: networks, linked contracts, contract law, informal contract law
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