BuCo Research poles

Although they are in principle governed by general principles of civil law and common contract law, business contracts are subject to a set of rules based on (i) business practices developed to satisfy the specific needs of business actors, and (ii) specific laws and regulations, the development of which has increased over the past years. Some of these laws and regulations provide for more freedom in contractual relations between business partners, whereas in other cases these specific rules tend to restrict a business actor’s liberty to contract, with a view to protecting the contracting partner of the business actor or avoiding certain unacceptable or undesirable consequences of certain practices and activities.
 

BuCo focuses its activities on 5 research poles:

 

Contracts & consumer protection

 Over the past decennia, the Belgian and European legislators have increasingly regulated certain aspects of business contracts concluded with consumers to protect this type of contract parties.

In this respect the following issues are under attention of BuCo:

  • Which future for liberty of will and freedom to contract in relation with consumers?
  • Evaluation of the Directive on consumer rights and economic impact.
  • Evolution of certain principles of consumer protection as general principle?
  • Efficiency and impact of mandatory law provisions on the business context.

For more information on the activities within this research pole, please contact us.

 

Doing business and family law

Concluding business contracts requires specific attention for matters of family law. Business operated by family enterprises also give rise to specific issues. The members of BuCo dedicated to this research pole examine these particularities.

For more information on the activities within this research pole, please contact contact us.

 

Corporate contracts

In addition to agreements concluded on a day-to-day basis, companies are also involved in (or form the object of) specific agreements. Company law often influences these agreements. Examples of such agreements include share purchase agreements, asset purchase agreements, joint venture agreements, contracts concluded in the framework of IPOs and agreements in respect of reorganisations (mergers, transfers of business divisions, etc.).

The members of BuCo dedicated to this area of research examine the details associated with these agreements. Moreover, aspects of contract law as well as company law are addressed.

For more information on the activities within this research pole, please contact us.

 

Contracts with public authorities

Companies often do business with public authorities. Besides the application of general civil and business law, contracts with public authorities are subject to specific constraints of administrative law.

This research pole focuses on the specific issues related thereto and in particular in respect of: public procurement, concessions, subsidy agreements, policy agreements, PPP, PFI, DBFM; …

For more information on the activities within this research pole, please contact us.

 

Business contracts in a specific regulated environment

In a regulated environment, business contracts often contain specific clauses that are a translation of the specific regulated environment or that take into account the fact that the concerned business activity is subject to regulation by a public authority. For certain sectors, specific types of contracts are commonly used or are imposed by regulation.

In these regulated contexts questions arise regarding e.g. the impact of the far-reaching regulation on the freedom to contract, the efficiency of intervention of public authorities in the common interest and more generally the efficiency of regulation in these sectors (law and economics approach).

This research pole primarily focuses on contracts in the Banking and insurance sector (sepa, credit facilities or loan agreements facilities, financial products, insurance agreements) and energy sector and other essential facilities sector’s) (contracts with suppliers, intermediaries, network operators).

 
For more information on the activities within this research pole, please contact us.