IDEAS home Printed from https://ideas.repec.org/a/kap/jcopol/v27y2004i3p253-267.html
   My bibliography  Save this article

Freedom and Protection in Contemporary Contract Law

Author

Listed:
  • 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)

Abstract

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.

Suggested Citation

  • Ton Hartlief, 2004. "Freedom and Protection in Contemporary Contract Law," Journal of Consumer Policy, Springer, vol. 27(3), pages 253-267, September.
    • Handle: RePEc:kap:jcopol:v:27:y:2004:i:3:p:253-267
    as

    Download full text from publisher

    File URL: http://journals.kluweronline.com/issn/0168-7034/contents
    Download Restriction: Access to full text is restricted to subscribers.
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Michael Faure & Hanneke Luth, 2011. "Behavioural Economics in Unfair Contract Terms," Journal of Consumer Policy, Springer, vol. 34(3), pages 337-358, September.
    2. Sparks, Beverley A. & Bradley, Graham L. & Jennings, Gayle R. & Johnston, Nicole R., 2014. "Cooling off and backing out: Understanding consumer decisions to rescind a product purchase," Journal of Business Research, Elsevier, vol. 67(1), pages 2903-2910.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:kap:jcopol:v:27:y:2004:i:3:p:253-267. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.