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The existence of private economic powers is indisputable. Private governance is based on the existence of private economic powers.
The power of certain companies, linked to the phenomena of concentration, makes them more powerful than certain States. This power is a source of norms.
Business negotiation is ubiquitous. It highlights a decentralization of the law. It makes the company the privileged place for the production of law. It allows an adaptation, a creation of rules corresponding to the specific needs of the economic operator during its concentration.
Moreover, company negotiation is even an instrument for the development and modification of national law. The practices and rules established in companies and formalized in agreements result either in being taken into account and ratified by law, or in rendering certain standards “ineffective”.
Law firm of Maître DAMY , lawyer at the bar of Nice. Commercial and corporate law.