ABSTRACT

This chapter introduces the paradigm of the organizational contract in European contract law which, of course, is not completely unheard-of, but not really developed either, neither in national law nor in European contract law. The interaction of heterogeneous elements of contract law and theory is important, because the links between the different elements are seen as being inseverable and characteristic. The question is in how far it can serve as a model for long-term services contract law in general. In fact, both payment services and investment services are conceived as mandate or agency relationships, and both are regulated at the EU level so extensively that one can even speak of codification already. The organizational contract as a particular area of contract law with its own features as second pole of contract law comes even closer to company law. The company and contract law models might here diverge in the combination between transaction and monitoring costs to complete contracts.