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Bellantuono, Giuseppe --- "Contract law and regulation" [2017] ELECD 607; in Monateri, Giuseppe Pier (ed), "Comparative Contract Law" (Edward Elgar Publishing, 2017) 111

Book Title: Comparative Contract Law

Editor(s): Monateri, Giuseppe Pier

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849804516

Section: Chapter 6

Section Title: Contract law and regulation

Author(s): Bellantuono, Giuseppe

Number of pages: 32

Abstract/Description:

Suppose you want to know which rules apply to the contractual relationship between the operator of a communications or energy network and the users of that network. Or suppose you want to know the remedies available to an investor who has been damaged by an investment service provider. It is common knowledge that general contract law does not provide complete answers to such questions. Sector-specific rules must be consulted. What is less well known is that issues at the interface between general contract law and sector-specific regulation pop up with increasing frequency in a disparate set of fields and across developed and developing countries. This chapter sets out to explore the relationship between what will be called ‘traditional’ contract law and ‘regulatory contract law’. This is not a well-established topic in the comparative law literature. Therefore, what follows is just a mapping exercise that hopefully will help broader and more systematic inquiries. Before explaining why this exercise is needed, it is useful to point out three methodological challenges that must be faced when dealing with the relationship between contract law and regulation from a comparative perspective. First, both notions are highly variable across space, time and disciplines. This means that the definition of the research agenda risks starting from arbitrary assumptions about the kind of issues that should be taken into account by each branch, in a specific period and with specific analytic tools.


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