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mr. M. (Marie-Claire) Menting LLM

PhD candidate 

Tilburg Law School
Department of Private Law

Expertise

Codes of conduct in European and Dutch private law (PhD-research)

In a world shaped by processes of globalization, non-state actors increasingly take a regulatory role, influenced by or in cooperation with the state or otherwise. The rules drawn up by these actors, amongst other things, concern business-to-business and business-to-consumer relations that (also) fall within the realm of private law.

In Dutch private law practice, however, private regulation is often overlooked. This marginal role seems in contrast with the fact that Dutch private law entails many open-ended standards that are pre-eminently fit to facilitate the use of private regulation. However, private rules are only sporadically drawn into the legal sphere in Dutch private law. The Dutch private law debate on the issue also remains limited. At the European level, which is strongly intertwined with the Dutch level, private regulation, by contrast, seems to be making more headway. In the light of the aforementioned practical importance, this raises questions on the legal relevance of private regulation on the national as well as on the European level.

Against this background, my PhD-research focuses on the role of codes of conduct as a form of private regulation in European and Dutch private law. The dissertation consists of an empirical and a theoretical part. The first part of the research consists of an empirical study on the functions of European and national codes of conduct. This empirical study forms the prelude to the second, theoretical part of the research which concerns the legal relevance of codes of conduct in European and Dutch private law and questions related to this issue.

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Last amended: 21 August 2014