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17 Eur. Bus. Org. L. Rev. 1 (2016)

handle is hein.journals/eunbuioiz17 and id is 1 raw text is: 

Eur Bus Org Law Rev (2016) 17:1-13
DOI 10.1007/s40804-016-0027-1                                             CrossMark




Freedom of Contract and Financial Stability-
Introductory Remarks


Brigitte Haar'






Published online: 14 June 2016
© T.M.C. Asser Press 2016


This  issue of the European   Business  Organization  Law  Review   is devoted  to
fundamental  questions arising from the close interplay between contractual freedom
and market  stability as have become particularly clear throughout the financial crisis
of 2008/09. Ultimately, they go back to the relation between law and finance, as it
has been at issue for quite some time now and has only recently been put into a new
institution-based framework  in the Legal Theory of Finance  (LTF),' which  forms
the basis of this research endeavour.


1  Legal  Foundations of Financial Markets-Institutional Context

The  assumption  of an interaction between contracts and market  stability requires
first of all a clarification of the underlying institutional understanding of the role of
law  in financial markets. LTF  looks at law as endogenous   to financial markets,
implying  its institution-building role and highlighting this by referring to the 'legal





  Pistor (2013). For the roots of the controversy about the relation between law and finance cf. La Porta
et al. (1998), Pistor et al. (2002), Roe (2003), Roe and Siegel (2011), Beck et al. (2003). For a collection
of the essential contributions. Cf. Deakin and Pistor (2012).

B. Haar: Professor of Law, PI at SAFE, Director of Doctorate Program.

®   Brigitte Haar
    bhaar@jur.uni-frankfurt.de

    Research Center SAFE, Frankfurt, Germany
2   Program 'Law and Economics of Money and Finance', Goethe University of Frankfurt,
   Frankfurt, Germany


I_ Springer 0  ASSER PRES=

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