Comentarios A La Ley Sobre Condiciones Generales De La Contratacion

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Comentarios a la ley sobre condiciones generales de la contratación

Author : Aurelio Menéndez Menéndez
Publisher :
ISBN 13 : 9788447017737
Total Pages : 1584 pages
Book Rating : 4.0/5 (177 download)

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Book Synopsis Comentarios a la ley sobre condiciones generales de la contratación by : Aurelio Menéndez Menéndez

Download or read book Comentarios a la ley sobre condiciones generales de la contratación written by Aurelio Menéndez Menéndez and published by . This book was released on 2002 with total page 1584 pages. Available in PDF, EPUB and Kindle. Book excerpt: ESTUDIOS INTRODUCTORIOS: I. El proceso de elaboración de la disciplina sobre condiciones generales de nuestro ordenamiento, por Aurelio Ménendez Ménendez. II. Condiciones generales de la contratación (esbozo de una evolución), por Luis Díez-Picazo y Ponce de León. III. Función económica y naturaleza jurídica de las condiciones generales de la contratación, por Jesús Alfaro Águila-Real. CAPÍTULOS I. Disposiciones generales. II. No incorporación y nulidad de determinadas condiciones generales. III. Del registro de condiciones generales en la contratación. IV. Acciones colectivas de cesación, retractación y declarativa de condiciones generales. V. Publicidad de las sentencias. VI. Información sobre condiciones generales. VII. Régimen sancionador.

Comentarios a la Ley sobre condiciones generales de la contratación

Author : Ignacio Arroyo
Publisher : Tecnos Editorial S A
ISBN 13 : 9788430934287
Total Pages : 520 pages
Book Rating : 4.9/5 (342 download)

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Book Synopsis Comentarios a la Ley sobre condiciones generales de la contratación by : Ignacio Arroyo

Download or read book Comentarios a la Ley sobre condiciones generales de la contratación written by Ignacio Arroyo and published by Tecnos Editorial S A. This book was released on 1999 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Se trata de una obra interdisciplinar, en la que un nutrido grupo de profesores universitarios analiza desde distintos puntos de vista la Ley 7/1998, de 13 de abril, sobre Condiciones Generales de la Contratacion, asi como las modificaciones de la Ley 26/1984, de 19 de julio, General para la Defensa de los Consumidores y Usuarios, y de la Ley Hipotecaria.

Comentarios a la Ley de Condiciones Generales de la Contratación

Author : Rodrigo Bercovitz Rodríguez-Cano
Publisher :
ISBN 13 : 9788484104032
Total Pages : 1567 pages
Book Rating : 4.1/5 (4 download)

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Book Synopsis Comentarios a la Ley de Condiciones Generales de la Contratación by : Rodrigo Bercovitz Rodríguez-Cano

Download or read book Comentarios a la Ley de Condiciones Generales de la Contratación written by Rodrigo Bercovitz Rodríguez-Cano and published by . This book was released on 2000 with total page 1567 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transcurridos casi dos años desde su entrada en vigor parecía necesario esperar a su desarrollo reglamentario por RD 1828/1999, de 3 diciembre, a la regulación de la contratación telefónica y electrónica por RD 1906/1999, de 17 diciembre y a la nueva Ley de Enjuiciamiento Civil 1/2000, de 7 de enero, para elaborar un estudio serio, exhaustivo, actualizado y riguroso sobre esta disposición. La importancia de una norma que afecta a tantos profesionales, así como los cambios introducidos respecto a la regulación anterior, son un aliciente para conocer una obra excelente sobre una cuestión actual, conflictiva y completamente abierta al intercambio de opiniones.

Contract Law in Spain

Author : Antoni Vaquer
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403545208
Total Pages : 348 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Contract Law in Spain by : Antoni Vaquer

Download or read book Contract Law in Spain written by Antoni Vaquer and published by Kluwer Law International B.V.. This book was released on 2022-06-20 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Spain covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Spain will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

EU Citizens’ Economic Rights in Action

Author : Sybe de Vries
Publisher : Edward Elgar Publishing
ISBN 13 : 1788113462
Total Pages : 303 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis EU Citizens’ Economic Rights in Action by : Sybe de Vries

Download or read book EU Citizens’ Economic Rights in Action written by Sybe de Vries and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since its inception, one of the essential tasks of the EU has been to establish the internal market. Despite the impressive body of case law and legislation regarding the internal market, legal and factual barriers still exist for citizens seeking to exercise their full rights under EU law. This book analyses these barriers and proposes ways in which they may be overcome. Next to analysing the key barriers to exercising economic rights more generally, this book focuses on three areas which represent the applications of the four basic freedoms: consumer rights, the rights of professionals in gaining access to the market, and intellectual property rights in the Digital Single Market. With chapters from leading researchers, the main pathways towards the reduction and removal of these barriers are considered. Taking into account important factors including the global financial crisis, as well as practical barriers, such as multilingualism, the solutions provided in this book present a pathway to enhance cross-border realization of European citizens? access to their economic rights, as well as increasing in the cultural richness of the EU. EU Citizens? Economic Rights in Actionis an important book, which will be an essential resource for students of EU citizenship and economics, as well as for EU policymakers and practitioners interested in the field.

The Cambridge Handbook of Judicial Control of Arbitral Awards

Author : Larry A. DiMatteo
Publisher : Cambridge University Press
ISBN 13 : 1108802966
Total Pages : 1250 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Cambridge Handbook of Judicial Control of Arbitral Awards by : Larry A. DiMatteo

Download or read book The Cambridge Handbook of Judicial Control of Arbitral Awards written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2020-10-29 with total page 1250 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.

The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law

Author : María Campo Comba
Publisher : Springer Nature
ISBN 13 : 3030614816
Total Pages : 380 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law by : María Campo Comba

Download or read book The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law written by María Campo Comba and published by Springer Nature. This book was released on 2020-12-07 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU’s objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU’s current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU’s current approach to private international law. This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.

Control of Price Related Terms in Standard Form Contracts

Author : Yeşim M. Atamer
Publisher : Springer Nature
ISBN 13 : 3030230570
Total Pages : 772 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Control of Price Related Terms in Standard Form Contracts by : Yeşim M. Atamer

Download or read book Control of Price Related Terms in Standard Form Contracts written by Yeşim M. Atamer and published by Springer Nature. This book was released on 2019-11-19 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores various approaches around the world regarding price term control, and particularly discusses the effectiveness of two major paths: ex ante regulatory and ex post judicial intervention. Price control and its limits are issues that affect all liberal market economies, as well as more regulated markets. For the past several years, courts in many different countries have been confronted with the issue of whether, and to what extent, they should intervene regarding price-related terms in standard form contracts – especially in the area of consumer contracts. Open price clauses, flat remunerations, price adjustment clauses, clauses giving the seller/supplier the right to ask for additional payments, bundling or partitioning practices, etc.: a variety of price related terms are used to manipulate customers’ choices, often also by exploiting their behavioral biases. The result is an unfavorable contract that is later challenged in court. However, invalidating a given price term in standard forms e.g. of a banking or utilities contract only has an inter partes effect, which means that in thousands if not millions of similar contracts, the same clauses continue to be used. Effective procedural rules are often lacking. Therefore, pricing patterns that serve to hide rather than to reveal the real cost of goods and services require special attention on the part of regulators. The aim of this book is to determine the various approaches in the world regarding price term control, and particularly to discuss the efficiency of both paths, ex ante regulatory and ex post judicial intervention. Thanks to its broad comparative analysis, this book offers a thorough overview of the methods employed in several countries. It gathers twenty-eight contributions from national rapporteurs and one supra-national rapporteur (EU) to the 2018 IACL Congress held in Fukuoka. These are supplemented by a general report presented at the same IACL Congress, which includes a comparative analysis of the national and supranational reports. The national contributors hail from around the globe, including Africa (1), Asia (5), Europe (17), the European Union (1) and the Americas (5).

Sales

Author : Ewoud Hondius
Publisher : Walter de Gruyter
ISBN 13 : 3866537107
Total Pages : 526 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Sales by : Ewoud Hondius

Download or read book Sales written by Ewoud Hondius and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules presented in this volume of the "Principles of European Law" deal with sales contracts. The sales contact has served as the paradigm for contracts in general. Moreover, it is also probably the most common contract, and certainly the most common consumer contract, that there is. In fact, sales come in all shapes and sizes: ranging from the purchase of the daily newspaper at the news-stand or the groceries in the supermarket, through to the purchase of a new car and to commodity sales on highly specialised markets. Furthermore, there are many mixed transactions that contain a certain element of sale, such as distribution contracts or all sorts or manufacturing contracts.

Unjustified Enrichment

Author : Stephen Swann
Publisher : Walter de Gruyter
ISBN 13 : 3866538987
Total Pages : 776 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Unjustified Enrichment by : Stephen Swann

Download or read book Unjustified Enrichment written by Stephen Swann and published by Walter de Gruyter. This book was released on 2010-03-12 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Unjustified enrichment" is one of the three main non-contractual obligations dealt with in the DCFR. In recent years unjustified enrichment has been one of the most intellectually animated areas of private law. In an area of law whose territory is still partially uncharted and whose boundaries are contested, this volume of Principles of European Law will be invaluable for academic analysis of the law and its development by the courts. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the Member States.

Transparency in Insurance Contract Law

Author : Pierpaolo Marano
Publisher : Springer Nature
ISBN 13 : 3030311988
Total Pages : 714 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Transparency in Insurance Contract Law by : Pierpaolo Marano

Download or read book Transparency in Insurance Contract Law written by Pierpaolo Marano and published by Springer Nature. This book was released on 2020-03-11 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.

International Commercial Arbitration in Spain

Author : Miguel Gomez Jene
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041187847
Total Pages : 394 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Commercial Arbitration in Spain by : Miguel Gomez Jene

Download or read book International Commercial Arbitration in Spain written by Miguel Gomez Jene and published by Kluwer Law International B.V.. This book was released on 2019-10-31 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration in Spain Miguel Gómez Jene Although this book will be of inestimable value to comparative law and arbitration specialists, it provides especially useful guidance for practitioners confronting specific questions during an arbitration with a seat in Spain or an award to be enforced in Spain. The author, a prominent Spanish lawyer and legal scholar, describes in detail all the relevant areas of international commercial arbitration under Spanish and applicable European and international law, with a rigorous analysis of the international, comparative, and internal jurisprudence embedded in Spanish regulation of international commercial arbitration. Twelve expository chapters explicitly follow the scheme of the Spanish Arbitration Act, and two introductory chapters cover the international and European instruments of international commercial arbitration as applied in Spain. The author covers such key principles and customary practices as the following: criteria to determine internationality; formal validity and effects of arbitration agreements; communications, service and computation of time limits; arbitrability; appointment, selection and removal of arbitrators; cases in which an arbitrator may be held liable; when an arbitrator may grant interim measures; pleading and evidence of foreign law; effect of insolvency; limitation of judicial intervention and court jurisdiction; judicial proceeding to set aside an arbitral award; and recognition and enforcement of arbitral awards. An up-to-date, indispensable tool for all professionals working in the world of international arbitration, this one-of-a-kind book will be welcomed by arbitrators, lawyers practising as counsel or arbitrators, global law firms, companies doing transnational business, arbitration academics and international arbitration centres.

The Principles of European Contract Law

Author : OLE Lando
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004633421
Total Pages : 609 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The Principles of European Contract Law by : OLE Lando

Download or read book The Principles of European Contract Law written by OLE Lando and published by Martinus Nijhoff Publishers. This book was released on 2023-09-29 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Yearbook of Consumer Law 2009

Author : Annette Nordhausen
Publisher : Routledge
ISBN 13 : 1317011430
Total Pages : 379 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Yearbook of Consumer Law 2009 by : Annette Nordhausen

Download or read book The Yearbook of Consumer Law 2009 written by Annette Nordhausen and published by Routledge. This book was released on 2016-02-17 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook of Consumer Law provides a valuable outlet for high quality scholarly work which tracks developments in the consumer law field with a domestic, regional and international dimension. The 2009 volume presents a range of peer-reviewed scholarly articles, analytical in approach and focusing on specific areas of consumer law such as credit, consumer redress and the impact of the European Union on consumer law. The book also includes a section dedicated to significant developments during the period covered, such as key legislative developments and important court decisions. It is an essential resource for all academics and practitioners working in the areas of consumer law and policy.

EC Consumer Law Compendium

Author : Hans Schulte-Nölke
Publisher : Walter de Gruyter
ISBN 13 : 3866537247
Total Pages : 556 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis EC Consumer Law Compendium by : Hans Schulte-Nölke

Download or read book EC Consumer Law Compendium written by Hans Schulte-Nölke and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EC Consumer Law Compendium presents the results of a wide-ranging study prepared for the European Commisison. This Compendium provides the reader with the necessary information for conducting pan-European cross-border consumer transactions. For the first time, the transposition of 8 key consumer directives (including those on sales, unfair terms, distance and doorstep selling as well as package travel and timeshare) into the national laws of all Member States is analyzed. The findings of this study reveal the substantial differences between the various national implementing measures as a result of utilising minimum harmonisation clauses and regulatory options.

Principles of European Contract Law

Author : Commission on European Contract Law
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041113053
Total Pages : 612 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Principles of European Contract Law by : Commission on European Contract Law

Download or read book Principles of European Contract Law written by Commission on European Contract Law and published by Kluwer Law International B.V.. This book was released on 2000-01-01 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides a comprehensive guide to the principles of European contract law. They 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 organizations. 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. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.

The Interaction of Contract Law and Tort and Property Law in Europe

Author : Christian von Bar
Publisher : Walter de Gruyter
ISBN 13 : 386653731X
Total Pages : 574 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis The Interaction of Contract Law and Tort and Property Law in Europe by : Christian von Bar

Download or read book The Interaction of Contract Law and Tort and Property Law in Europe written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.