Promovendus: Dr. G.W.L. Low

Promotor: Prof.Dr. J.M. Smits

Duur: 1/8/2008 - 31/7/2011

Promotie: Maastricht, 2/12/2011

Abstract:

This research investigates the relationship between law(s) and the behaviour of contracting parties (whether businesses or consumers), and the debate on harmonisation of European contract law provides a suitable backdrop for the research. In particular, the research asks whether (and if so, how and to what extent) differences in laws affect decisions on contracting. Besides an analysis based on available legal literature, it will also draw on insights in law and economics, and law and psychology (such as endowment effect and representation biases) to flesh out the relationship. Once the nature of the relationship is established, it may be possible to draft an optimal contract code, for instance, for the European Union. There may also be wider implications for the drafting of optional codes and standard form contracts.