Access the full text.
Sign up today, get DeepDyve free for 14 days.
References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.
AbstractThe law of business relations has been created and applied outside state or seignorial courts for centuries before the growing territorial states started to incorporate this body of law into their own state law from the seventeenth century onwards. But even the commercial codes of the nineteenth century left the door open for private regulation. After an outline of this development the article argues that private regulation and state law are difficult to separate in the field of business relations. Instead, one can ascertain a wide range of different forms of mixed private /public regulation. This range extends from spontaneous custom through privately generated custom, state-avoiding custom, state-supported custom all the way to dispositive law, property rights law, market protection law and market failure compensation law. While state legislation by necessity is required for the latter forms, private regulation has a comparative advantage in many other areas. While the author renounces the assumption of an overall theoretical foundation, he tries to identify factors which favor the emergence of private rule-making, in particular the transnational character of legal relations, the speed or specific expertise required for decision-making and the impact of corporatism.
American Journal of Comparative Law – Oxford University Press
Published: Jul 1, 2008
Read and print from thousands of top scholarly journals.
Already have an account? Log in
Bookmark this article. You can see your Bookmarks on your DeepDyve Library.
To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.
Copy and paste the desired citation format or use the link below to download a file formatted for EndNote
Access the full text.
Sign up today, get DeepDyve free for 14 days.
All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.