These restrictions are driven by both legislators and courts, and are primarily justified by the need to protect weaker parties. The book evaluates these restrictions using the criteria of legitimacy, proportionality, and consistency. While focused on EU law, it identifies broader principles relevant to other major regulated financial jurisdictions and explores how contractual freedom is balanced against weaker-party protection and wider public interests.
Freedom of Contract in the European Financial Sector - Danny Busch - Oxford University Press