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Better Regulation In Eu Contract Law
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Book Synopsis Better Regulation in EU Contract Law by : Esther van Schagen
Download or read book Better Regulation in EU Contract Law written by Esther van Schagen and published by Bloomsbury Publishing. This book was released on 2019-12-26 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to provide a critical investigation of EU better regulation from the perspective of EU contract law. The Commission's 'New Deal for EU Consumers' is one of the first EU contract law initiatives to implement both the newly revised Better Regulation Guidelines and the newly introduced combined evaluation of multiple Directives in the form of a 'fitness check'. This offers an opportunity to explore difficulties and best practices at a national level, as demonstrated by experience with the EU's Unfair Terms Directive. Both the fitness check and the impact assessment accompanying the New Deal should facilitate critical reflection on the design of EU contract law. This book addresses key questions. Do impact assessments favour business interests at the expense of a high level of consumer protection? Is the evaluation of EU contract law and the analysis in impact assessments in line with scientific standards? Has the fitness check revealed difficulties and success stories with EU measures at national level, and thereby facilitated an in-depth scrutiny of the design of EU contract law? Ultimately, is the potential of better regulation being realised?
Book Synopsis The EU Better Regulation Agenda by : Sacha Garben
Download or read book The EU Better Regulation Agenda written by Sacha Garben and published by Bloomsbury Publishing. This book was released on 2018-05-17 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Better Regulation in the EU is a perennial and topical question which has important implications for the future direction of EU law. While actions directed at improving the quality and accessibility of EU regulation are not novel, in recent years the Better Regulation Agenda has significantly affected the structural organisation and day-to-day operation of the EU legislative process. Yet, many questions about the future of the Agenda remain, not least in light of Brexit. Exploring the Better Regulation Agenda (and its relation to the overall EU legal and political order) necessitates an integrated, interdisciplinary approach. This edited volume presents insights from economics, political science and legal scholarship. Furthermore, to allow full understanding, it examines institutional practice, where the Agenda is made and shaped on a daily basis. Hence, the book features contributions from the perspective of the work of the main EU institutions: the European Commission, the Parliament, the Council and the Court of Justice. This results in a seminal overview of the subject, of interest to scholars and practitioners alike.
Book Synopsis The Regulatory Function of European Private Law by : Fabrizio Cafaggi
Download or read book The Regulatory Function of European Private Law written by Fabrizio Cafaggi and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In twelve topical papers, written by renowned experts in distinct areas of the law, the reader will find out how private law and private international law instruments can serve public policy goals (such as the protection of the environment, product safety or services of general economic interest) and how these instruments interact with regulation in the proper sense. A must for those who want to explore the borderline if it exists between public and private law in the EU. Jules Stuyck, Leuven University, Belgium In the context of the current debate on the desirability and process of forming European private law (EPL), this book considers one fundamental question addressing its descriptive and normative dimension: does and should EPL pursue regulatory objectives beyond market integration? The editors argue that because national categories are of little help in grasping the characteristics of a multi-level regulatory system, it is necessary to link three perspectives: private law, regulation and conflict of laws. This book explores this interaction in four distinct fields: product liability, environmental protection, public utilities and e-commerce. The results show that EPL is highly regulatory and that the implications of this change have not been adequately considered by institutions and by scholars. The Regulatory Function of European Private Law will be of great interest to academics of law, as well as to private and public lawyers and European policymakers.
Book Synopsis Better Regulation--simply Explained by :
Download or read book Better Regulation--simply Explained written by and published by . This book was released on 2006 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Risks in EU Law by : Emilia Mišćenić
Download or read book Legal Risks in EU Law written by Emilia Mišćenić and published by Springer. This book was released on 2016-04-13 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.
Book Synopsis Perspectives on Better Regulation in the EU by : Henri Clemens Ferdinand Jozef Alexander de Waele
Download or read book Perspectives on Better Regulation in the EU written by Henri Clemens Ferdinand Jozef Alexander de Waele and published by . This book was released on 2019 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Standard Contract Terms in Europe by : Hugh Collins
Download or read book Standard Contract Terms in Europe written by Hugh Collins and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the Directive on Unfair Terms in Consumer Contracts of 1993, the European project has been working intensively towards harmonization of contract law across all EU Member States. To date, virtually none of the many problems that have arisen have been resolved. The SECOLA Annual Conference convened in Prague in 2005 to consider the specific topic of unfair terms and to imagine ways in which the obstacles raised by this provocative issue might be overcome. In this book, which presents revised versions of the papers presented at that conference, fourteen outstanding European scholars examine basic questions about the differing conceptions of contract law in the national legal systems of the Member States, divergent legal techniques such as interpretation of contract and divergent approaches to legal reasoning, and contrasting views about the nature of the problems presented by unfair terms in contracts. Among the contentious matters discussed are the following: the tension between party autonomy and social justice; control over freedom of contract in the name of substantive fairness and efficiency; interpretation of contract terms the intrusion of competition law into contract law; the disputed meanings of good faith and legitimate expectations; the requirement of 'plain intelligible language'; and characterization problems Above all the essays ask: Can harmonization of European contract law be achieved? And if so, how? The answers offered not only clarify the stage we have arrived at in this ongoing initiative, but also identify the essential conflicts that must be understood if we are to secure meaningful regulation of contract terms at a transnational level. For these reasons the book is enormously valuable to all parties interested in this crucial component of European integration.
Book Synopsis Justifying Contract in Europe by : Martijn W. Hesselink
Download or read book Justifying Contract in Europe written by Martijn W. Hesselink and published by Oxford University Press. This book was released on 2021-06-22 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.
Book Synopsis Better Regulation by : Laurent Vogel
Download or read book Better Regulation written by Laurent Vogel and published by . This book was released on 2010 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration by : Kai Purnhagen
Download or read book The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration written by Kai Purnhagen and published by Springer Science & Business Media. This book was released on 2013-06-26 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the increasing role of the legal method of systematisation in European Union (EU) law. It argues that the legal method of systematisation that has been developed in a welfare-state context is increasingly used as a regulative tool to functionally integrate the market. The book uses the example of EU product regulation as a reference to illustrate the impact of systematisation on EU law. It draws conclusions from this phenomenon and redefines the current place and origin of systematisation in the EU legal system. It puts forward and demonstrates two main arguments. First, in certain sectors such as in EU product safety law, the quality of EU law changes from a sector-specific and reactive field of law to an increasingly coherent legal system at European level. Therefore, instead of punctual market intervention, it increasingly governs whole market areas. By doing so, it challenges and often fully replaces the respective welfare-based legal systems in the Member States for the benefit of the ideal of a market-driven EU legal system. Second, at European level, the ideal is in development. This illustrates the change of the function of Statecraft from nation-states to market-states.
Book Synopsis The Principles of European Contract Law, Parts I - III Student Edition by : Ole Lando
Download or read book The Principles of European Contract Law, Parts I - III Student Edition written by Ole Lando and published by Kluwer Law International. This book was released on 2019-03-28 with total page 938 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Principles of European Contract Law provides the fundamental principles of contract law shared by the legal systems of the Member States and to have a concise, comprehensive and workable statement of them. The Principles of European Contract Law Parts I & II covers the core rules of contract: formation, authority of agents, validity, interpretation, contents, performance, non-performance and remedies. The subjects dealt with in Part III are: plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set-off, prescription, illegality, conditions and capitalization of interest. The Principles have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organisations. The Principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. A particularly valuable feature is that each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. No self-respecting contract lawyer in Europe can afford to ignore the Lando Principles. They are not only a useful and convenient source of information about current laws in the countries of the European Union but also a possible blueprint for the contract part of a future European civil code. They are a touchstone against which any discussion of contract law can be tested."
Book Synopsis OECD Regulatory Policy Outlook 2018 by : Collectif
Download or read book OECD Regulatory Policy Outlook 2018 written by Collectif and published by OECD. This book was released on 2018-10-10 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws and regulations govern the everyday life of businesses and citizens, and are important tools of public policy. Regulating has never been easy, but the overwhelming pace of technological change and unprecedented interconnectedness of economies has made it a daunting task. The 2018 Regulatory Policy Outlook, the second in the series, maps country efforts to improve regulatory quality in line with the 2012 OECD Recommendation on Regulatory Policy and Governance, and shares good regulatory practices. It provides unique insights into the organisation and institutional settings in countries for designing, enforcing and revising regulations. It also highlights areas of the regulatory cycle that receive too little attention from policy makers. Finally, it identifies areas where countries can invest to improve the quality of laws and regulations and presents innovative approaches to better regulation.
Book Synopsis Handbook on European data protection law by : Council of Europe
Download or read book Handbook on European data protection law written by Council of Europe and published by Council of Europe. This book was released on 2018-04-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
Book Synopsis European Contract Law and the Creation of Norms by : Stefan Grundmann
Download or read book European Contract Law and the Creation of Norms written by Stefan Grundmann and published by European Contract Law and Theory. This book was released on 2021-03 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a broad and topical perspective of the sources of modern contract law. It examines the creation of contract law as a multi-pronged occurrence that involves diverse types of normative content and various actors. The book encompasses both a classical perspective on contract law as a state-created edifice and also delves into the setting of contractual rules by non-state actors. In so doing, the volume thoroughly analyses present-day developments to make sense of shifting attitudes towards the overall regulatory paradigm of contract law and those that reshape the classic view of the sources of contract law. The latter concerns, in particular, the digitalisation of markets and growing trends towards granularisation and personalisation of rules.00The book builds on the EU private law perspective as its primary point of reference. At the same time, its reach goes far beyond this domain to include in-depth analysis from the vantage points of general contract theory and comparative analysis. In so doing, it pays particular attention to theoretical foundations of sources of contract law and values that underpin them. By adopting such diversified perspectives, the book attempts to provide for a better understanding of the nature and functions of present-day contract law by capturing the multitude of social and economic dynamics that shape its normative landscape.00The volume gathers a unique and distinguished group of contributors from the EU, USA and Israel. They bring research experience from various areas of private law and contribute with diverse conceptual perspectives.
Book Synopsis Digital Content & Distance Sales by : Ignace Claeys
Download or read book Digital Content & Distance Sales written by Ignace Claeys and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digital Content & Distance Sales analyzes three legal instruments proposed by the European Commission in the context of its Digital Single Market Strategy, which has recently become one of its priorities. The proposed instruments are: a directive for the supply of digital content; a directive for the online and other distance sales of goods; and a regulation on cross-border portability of online content services in the internal market. This book takes a combined approach of setting out the broader legislative and political context of the proposed legal instruments, giving the reader a general overview of the background and subsequent impact of the proposals and in-depth analyses of specific aspects, advantages, and challenges. Through this approach, the author offers valuable insight into key areas of legal development. This book will be useful to academics and practitioners working in contract law, particularly European contract law. Subject: European Law, EU Law, Contract Law]
Book Synopsis Good Faith in European Contract Law by : Reinhard Zimmermann
Download or read book Good Faith in European Contract Law written by Reinhard Zimmermann and published by Cambridge University Press. This book was released on 2000-06-08 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.
Author :Study Group on a European Civil Code Publisher :sellier. european law publ. ISBN 13 :3866530595 Total Pages :406 pages Book Rating :4.8/5 (665 download)
Book Synopsis Principles, Definitions and Model Rules of European Private Law by : Study Group on a European Civil Code
Download or read book Principles, Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
