Private Law Theory

Abstract
European consumer law rests on a representation of consumer behaviour that is very far from reality as we perceive it but also from the teachings of behavioural sciences. This article explores in what ways behavioural insights could be used to shape the interpretation of European law on unfair practices. It is argued that insights from social psychology on influencing techniques are relevant to the interpretation of the unfair practices directive. These insights cut across national legal traditions and could, therefore, contribute to a uniform interpretation of EU law in the field of unfair commercial practices. Both conceptual and empirical insights from psychology are valuable from a legal point of view. In order for such insights to be put to actual legal use, it is important to address the question of how they should be used. In this regard, presumptions appear to be a very apt vehicle to incorporate behavioural teachings into the law.

Sibony, Anne-Lise, Can EU Consumer Law Benefit from Behavioural Insights? An Analysis of the Unfair Practices Directive (November 29, 2014). European Journal of Private Law, 6-2014 [901–942].

First posted 2018-07-10 22:23:54