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Source of Concern or Room for Experimentation?

Source of Concern or Room for Experimentation? State actors increasingly involve private parties in the development of binding alternative regulation in private law. This involvement may be welcomed as an exercise of parties’ rights, but private parties may simultaneously limit other parties’ rights.Consequently, state actors have sought to control the influence of private parties particularly in the German legal order, where the constitutional principle of private autonomy is interpreted so as to require the protection of weaker private parties from Fremdbestimmung (hetero-determination) coming from structurally much more powerful private parties. In comparison, while Dutch law generally recognizes principles of private autonomy and the need to protect parties from heterodetermination (‘heteronomie’), so far this has not permeated the Dutch discussion on alternative regulation. The idea of hetero-determination may serve as a starting point for a more active and consistent approach towards the development and limitation of alternative regulation in the Dutch legal order. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Comparative Law and Governance Brill

Source of Concern or Room for Experimentation?

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
2213-4506
eISSN
2213-4514
DOI
10.1163/22134514-00302001
Publisher site
See Article on Publisher Site

Abstract

State actors increasingly involve private parties in the development of binding alternative regulation in private law. This involvement may be welcomed as an exercise of parties’ rights, but private parties may simultaneously limit other parties’ rights.Consequently, state actors have sought to control the influence of private parties particularly in the German legal order, where the constitutional principle of private autonomy is interpreted so as to require the protection of weaker private parties from Fremdbestimmung (hetero-determination) coming from structurally much more powerful private parties. In comparison, while Dutch law generally recognizes principles of private autonomy and the need to protect parties from heterodetermination (‘heteronomie’), so far this has not permeated the Dutch discussion on alternative regulation. The idea of hetero-determination may serve as a starting point for a more active and consistent approach towards the development and limitation of alternative regulation in the Dutch legal order.

Journal

European Journal of Comparative Law and GovernanceBrill

Published: Jun 1, 2016

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