Abstract

COFONE, Ignacio M. Incentives in standard form contracts. Rev. Derecho Privado [online]. 2015, n.29, pp.101-111. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n29.05.

This article reevaluates the traditional objections against standard form contracts that are based on microeconomics concepts and identifies the relevant differences that these contracts present when compared to others from an economic point of view. The identified differences are 'adverse selection' and 'network effects', which can prompt a different regulation for this type of contract with regards to the way in which legal systems regulate contracts in general. This article then evaluates current regulatory responses and presents possible solutions to solve or at least reduce these problems without foregoing the advantages that these contracts imply.

Keywords : Standard form contracts; law and economics; adverse selection; network effects.

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