Codes of conduct and private law
PhD student: Mrs M.-C. Menting
Promotors: J.B.M. Vranken, R.A.J. van Gestel
Duration: 1/9/2011 - 30/4/2016
PhD defence: Tilburg, 7/12/2016
Codes of conduct, a form of self-regulation, are increasingly used in international, European and national (Dutch) business-to-business and business-to-consumer relations. Herewith, the regulatory role of codes of conduct in globalized economic life is of increasing importance on both the international and European level as well as on the national, Dutch level. Thus, codes of conduct are used in many private law relations. In private law practice, however, codes of conduct are still disregarded. This is striking, given the fact that the nature of private law rules is one of openness: regarding the many open norms in private law, one would expect a relatively smooth incorporation of codes of conduct in private law. Yet, codes of conduct still do not have legal relevance in private law: they lack a legal status. However, their increasing importance in daily, globalized practice is pressing towards considering their legal relevance. Against this background, the research focuses on the function(s) and the legal relevance of codes of conduct in private law. In particular, the research asks whether or not there is a need to place these codes within a legal framework in private law. In order to answer this question, empirical research, consisting of a study of (the content of) international, European and national (Dutch) codes of conduct will be conducted next to a literature study.