Pub Date : 2020-09-10DOI: 10.1093/oso/9780198854487.003.0006
V. Mak
This chapter charts which rules concerning contracts and consumer protection have until now emerged in public and private regulation. These contain a mix of public regulation, co-regulation, codes of conduct, soft law projects to develop model rules, and reputational feedback systems. Also, online dispute resolution can in practice be a source of norms, as norms developed in this context are often through a feedback loop used to improve the quality of services offered by platform operators. Here, the chapter places the focus on the platform economy. Platforms themselves are actively working to provide mechanisms that can, at least partly, overcome the problems of enforcing consumer rights. They have an interest in securing trust between users who, even more than consumers in the offline world, are at a disadvantage in establishing the quality of goods and services and the reliability of their counterparty. Platforms therefore use mechanisms that can fill in a ‘regulatory void’.
{"title":"The Platform Economy","authors":"V. Mak","doi":"10.1093/oso/9780198854487.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780198854487.003.0006","url":null,"abstract":"This chapter charts which rules concerning contracts and consumer protection have until now emerged in public and private regulation. These contain a mix of public regulation, co-regulation, codes of conduct, soft law projects to develop model rules, and reputational feedback systems. Also, online dispute resolution can in practice be a source of norms, as norms developed in this context are often through a feedback loop used to improve the quality of services offered by platform operators. Here, the chapter places the focus on the platform economy. Platforms themselves are actively working to provide mechanisms that can, at least partly, overcome the problems of enforcing consumer rights. They have an interest in securing trust between users who, even more than consumers in the offline world, are at a disadvantage in establishing the quality of goods and services and the reliability of their counterparty. Platforms therefore use mechanisms that can fill in a ‘regulatory void’.","PeriodicalId":236617,"journal":{"name":"Legal Pluralism in European Contract Law","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129303898","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-10DOI: 10.1093/oso/9780198854487.003.0009
V. Mak
This chapter examines which mechanisms can provide ‘checks and balances’ for the rules created by different lawmakers in a legal pluralist constellation. The question here is which space exists for the creation and maintenance of private governance mechanisms based on voluntary participation. First, the chapter maps the mechanisms for monitoring the substance of private lawmaking, in so far as they relate to European contract law. Second, the spaces that exist between private and public regulation in relation to each of these instruments are examined. The chapter moves on to a more in-depth analysis of the space that private regulation has besides public regulation. The relevant mechanisms that can be discerned are: standardisation of contracts, the use of optional instruments or model rules in contract law, and monitoring through online dispute resolution.
{"title":"Managing Pluralism","authors":"V. Mak","doi":"10.1093/oso/9780198854487.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780198854487.003.0009","url":null,"abstract":"This chapter examines which mechanisms can provide ‘checks and balances’ for the rules created by different lawmakers in a legal pluralist constellation. The question here is which space exists for the creation and maintenance of private governance mechanisms based on voluntary participation. First, the chapter maps the mechanisms for monitoring the substance of private lawmaking, in so far as they relate to European contract law. Second, the spaces that exist between private and public regulation in relation to each of these instruments are examined. The chapter moves on to a more in-depth analysis of the space that private regulation has besides public regulation. The relevant mechanisms that can be discerned are: standardisation of contracts, the use of optional instruments or model rules in contract law, and monitoring through online dispute resolution.","PeriodicalId":236617,"journal":{"name":"Legal Pluralism in European Contract Law","volume":"107 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124177570","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-10DOI: 10.1093/oso/9780198854487.003.0004
V. Mak
This chapter delves into the substantive values that underlie contract and consumer law in the EU. It shows that lawmaking in European contract and consumer law is embedded within the ordoliberal ideology on which the EU internal market was founded, yet is shaped not only by economic rights but also by social rights. Those rights have a basis in Articles 2 and 3 of the Treaty on European Union (TEU), which ground European cooperation in the common pursuit of a ‘highly competitive social market economy’ — social justice, equality, amongst other values and objectives. While the balance between economic and social rights in this area is in flux, the EU Treaties in combination with secondary legislation, case law, and the EU Charter of Fundamental Rights circumscribe a framework of shared values and objectives within which a substantive deliberation between lawmaking actors can take place. The chapter argues, therefore, that the EU legal order has a normative basis that enables legal pluralist perspectives on lawmaking to go beyond procedural approaches.
{"title":"Objectives and Values","authors":"V. Mak","doi":"10.1093/oso/9780198854487.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780198854487.003.0004","url":null,"abstract":"This chapter delves into the substantive values that underlie contract and consumer law in the EU. It shows that lawmaking in European contract and consumer law is embedded within the ordoliberal ideology on which the EU internal market was founded, yet is shaped not only by economic rights but also by social rights. Those rights have a basis in Articles 2 and 3 of the Treaty on European Union (TEU), which ground European cooperation in the common pursuit of a ‘highly competitive social market economy’ — social justice, equality, amongst other values and objectives. While the balance between economic and social rights in this area is in flux, the EU Treaties in combination with secondary legislation, case law, and the EU Charter of Fundamental Rights circumscribe a framework of shared values and objectives within which a substantive deliberation between lawmaking actors can take place. The chapter argues, therefore, that the EU legal order has a normative basis that enables legal pluralist perspectives on lawmaking to go beyond procedural approaches.","PeriodicalId":236617,"journal":{"name":"Legal Pluralism in European Contract Law","volume":"152 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132927577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：