![]() It is argued that the existing regulatory framework is primarily focused on ‘bipolar’ transactions between businesses and consumers, and therefore does not provide adequate. The aim of this paper is to reflect upon the need to adjust EU consumer contract law to take into account the changing market structure caused by the rise of online platforms such as Airbnb, Uber or Amazon Marketplace. The paper addresses the under-researched question of vertical regulatory competition triggered by optional instruments in European private law. It then identifies common features and problems of the 28th Regime, from its appropriate legal basis and the need for an optional instrument, to its scope of application, its interface with national law and its relationship to private international law. paper provides an overview of optional instruments that already exist or are proposed in European company law, intellectual property law, insuranceĬontract law and sales law. After distinguishing different modes of optional law, the. The term “optional instrument” or “28th Regime” refers to supranational corporate forms, legal titles or legal instruments which provide an alternative modelįor doing business throughout the European Union while leaving national laws untouched. This paper explores the “optional instrument” as a regulatory tool in European private law. And eventually, normatively, analytical and statistical research subject will be set beyond the implication of American law in a specific environment to pose a very simple question: what level of achieved development of financial insurances is on primary and secondary financial market in Bosnia and Herzegovina. has the, empirically observed, transplanted material from the American law taken its economic roots, and if it has, at what levels it is supported by the present domestic bank, business and credit insurance practice? For the purpose of above, the focus will be set to the transplanted American concept of creation of security rights in movable property, with representing data about mass usage of specific forms of security rights in movable property with further emphasis on advantages and disadvantages of organization registered pledge and its implication in bank, business and credit insurance practice in Bosnia and Herzegovina. With the aim to provide a clear and unambiguous answer to question whether adopted model of security rights in movable property creation meets present and future requirements of credit relations in Bosnia and Herzegovina according to model of American law, it seems to be nonetheless important within the research subject to provide the answer to the previous question: was the transplantation of foreign law material from a completely different legal-economic culture (Article 9, UCC) a right and successful path for creating ideal business environment in domestic conditions? Looking back into not so far past, characterized by outside impacts on specific reform processes in Bosnia and Herzegovina, it is necessary to answer the following question too: What law and economic tradition does the existing system of civil-law creation in Bosnia and Herzegovina after reform of security rights in movable property modeled by American law belong to? Furthermore, it is necessary to provide answers to a number of other questions, such as: Does the transplantation of foreign legal standards or overall laws creates a bad impression on success of national reform projects and does the practical application of transplanted material in a completely new legal environment lead towards the development of differently made law? Does the transplantation create a bad image, even if it is successfully performed, that the transplanted material is identical to itself and that it has the same role in a new legal-economic environment? The background of processes of viral spreading of different national legal models on the international level gives reasonable space for economic evaluation of achieved level of development of credit relations in Bosnia and Herzegovina after performed transplantation of foreign law institutes in domain of creation of security rights in movable property, i.e.
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