Universiteit Leiden

nl en

Upcoming Research Conference on Private law and market regulation in Leiden

On Friday 2 December 2016, an international, multidisciplinary Research Conference on “Private law and market regulation – interaction, interference or inconsistency?” will be held in Leiden, hosted by the Coherent Private Law research group of Leiden Law School. The conference will be focused on two central questions: how markets are shaped by private law doctrines, and how the frameworks of private law and market regulation interact with private law doctrines. Registration is now open.

Under the umbrella title “Private law and market regulation – interaction, interference or inconsistency?” speakers and discussants will explore different perspectives on private law doctrines and investigate how the frameworks of private law and market regulation interact with private law doctrines. Relevant insights from economic and other behavioural sciences will be welcomed. The Coherent Private Law research group aims for an in-depth exchange of views and information based on on-going research, both from keynote speakers and paper presenters.

Keynote speakers are Alexander Hellgardt who is a Senior Research Fellow at the Max Planck Institute (Munich) and Michel Faure who is a Professor of Law and Economics (Maastricht & Rotterdam). Paper presenters are Candida Leone, PhD Fellow, University of Amsterdam, Qi (George) Zhou, Associate Professor of Law, University of Leeds, Peter van Wijck, Associate professor of Law & Economics, Leiden University, Dörte Poelzig, Professor of Civil Law, German and International Business Law, University of Passau, Erdem Büyüksagis, Professor of Civil Law and dean of the Law Faculty at Antalya International University. Chairs of the day are from Leiden University: Alex Geert Castermans, Professor of Civil Law, and Matthias Haentjens, Professor of Financial Law.

The two central questions of the conference are introduced as follows:

  • First, the conference wants to establish how markets are shaped by private law doctrines. From a traditional private law perspective, markets are shaped and sustained generally by firmly established doctrines of contract, tort and property. From the traditional regulatory law viewpoint, specific markets are moulded by distinct rules, standards and codes aimed at attaining certain policy objectives. These objectives vary from bolstering fair competition, protecting socio-economically weaker parties, reducing health and safety risks, fortifying trust and confidence and avoiding market instabilities. Regulatory regimes make use of dynamic instruments such as market entry requirements, rules and standards of conduct and many more other supervisory tools, whereas private law doctrines may seem static and at times perhaps even out-dated and inadequate.
  • Against this background, the conference wants to investigate how do the frameworks of private law and market regulation interact with private law doctrines. Questions abound. Do specific standards of conduct under regulatory law pre-empt common law duties? Should they? Does non-compliance with administrative rules automatically translate into civil law wrongs? Should it? Within private law, does the interaction with regulation lead to innovation or further isolation of private law? Unmistakably, the interplay between private law doctrines and regulation challenges the legal system’s consistency. Is this a matter of meaningful interaction or unproductive interference?

On Friday 2 December 2016, the Leiden Law School conference will be dedicated to these and possibly further questions, as well as explore connections and mutual opportunities for continued research. The full program with all keynote speakers and paper presenters can be found online.

You are most welcome to join. Please be advised that seating is limited, and that registration needs to be completed no later than 25 November, on the following website: www.leidenlawconference.nl.

 

This website uses cookies. More information