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Freedom and Protection in Contemporary Contract Law

Listed author(s):
  • Ton Hartlief


    (Professor of Private Law, University of Maastricht. Postal address: Capgroep Privaatrecht Universiteit Maastricht, Postbus 616, 6200 MD Maastricht, The Netherlands. Fax: +31 43 325 8981)

Registered author(s):

    How should contemporary contract law be characterized? Freedom or protection? Ewoud Hondius has made a plea for increased protection of the weaker party in contract law. In this contribution some critical remarks are made. It is argued that freedom of contract should be put back on the agenda. This accords with the new belief in the blessings of the free market and the awareness that protection is not always effective and may sometimes even generate adverse effects. The application of competition law and the regulation of information should have a higher priority than mandatory substantive contract law.

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    Article provided by Springer in its journal Journal of Consumer Policy.

    Volume (Year): 27 (2004)
    Issue (Month): 3 (09)
    Pages: 253-267

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    Handle: RePEc:kap:jcopol:v:27:y:2004:i:3:p:253-267
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