Consumer Protection and Social Models of Continental and Anglo-American Contract Law and the Transnational Outlook

Maurer, Andreas
July 2007
Indiana Journal of Global Legal Studies;Summer2007, Vol. 14 Issue 2, p353
Academic Journal
Debates over the content of recent EU directives and U.S. statutory amendments related to consumer protection highlight the importance of such regulation. Criticism calling for a return to freedom of contract in both regions reflects a tension between social ideals related to equality between private parties, and a deep distrust of state intervention and market regulation. With the rise of private sources for transnational commercial standards and practices, there is an opportunity for states to facilitate self-regulation in lieu of producing public substantive regulations. This approach seems to satisfy a well-established need for consumer protection without exacerbating government intervention in private contracts.


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