Nudging in the law of obligations: protecting weaker parties while promoting autonomy
PhD student: Dr T. Bouwman
Promotor: Mrs Prof A.L.M. Keirse
Duration: 1/9/2018 - 31/8/2022
PhD defence: Utrecht, 21/4/2023
To empower individuals in pursuing their goals, the law of obligations not only respects autonomy but also aims to protect weaker parties. Rules that aim to protect, however, do this inefficaciously as they do not account for insights from behavioral sciences and the notion of bounded rationality. The research explores how nudging a way of helping people make better decisions using insights from behavioral sciences while preserving the person s freedom of choice can help protecting weaker parties. The research objective is to compose more efficacious protection while simultaneously ensuring respect for autonomy, which is the core of private law.