Contract and Regulation
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Contract and Regulation

A Handbook on New Methods of Law Making in Private Law

Edited by Roger Brownsword, Rob A.J. van Gestel and Hans-W. Micklitz

Contract and Regulation: A Handbook on New Methods of Law Making in Private Law sheds light on the darker side of contracts. It begins by exploring the ‘regulatory space’ in which projects are planned, deals are done, and goods and services are consumed, then shows how a ‘bottom-up’ approach can be adopted in order to view this transactional space through the eyes of contractors. The expert contributors explore modes of governance that do not fit nicely into traditional contract theory, paying special attention to three key examples: governance and codes of conduction, networks and relations, compliance and use.
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Chapter 6: Networks and informal contract law

Eric Tjong Tjin Tai

Abstract

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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