Martijn Hesselink, ‘Post-Private Law?’

In 2012, Hans Micklitz presented a report (Gutachten) for the German lawyers’ association (Deutscher Juristentag), which as recently published also in English, in which he asked the question: ‘Do consumers and businesses need a new architecture of consumer law?’. Micklitz answers the question of whether there is a need for a new design of consumer law positively. Consequentially, he proposes to reshape consumer law into a special law. In this short contribution to a Festschrift in his honour, I take issue with that proposal and with the main reasons Micklitz offers in its support.

Hesselink, Martijn W, Post-Private Law? (September 4, 2014). Amsterdam Law School Research Paper No 2014-48; Varieties of European Economic Law and Regulation, Liber Amicorum for Hans Micklitz, KP Purnhagen and P Rott (eds), pp 31-43; Centre for the Study of European Contract Law Working Paper Series No 2014-09; Amsterdam Law School Research Paper No 2014-48.

First posted 2014-09-06 09:20:48

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