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Consumer Sales Guarantees In The European Union
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Book Synopsis Consumer Sales Guarantees in the European Union by : Aneta Wiewiórowska-Domagalska
Download or read book Consumer Sales Guarantees in the European Union written by Aneta Wiewiórowska-Domagalska and published by Walter de Gruyter. This book was released on 2012-10-30 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Vorbereitungen laufen bereits viele Jahre, nun liegt er endlich vor: der Entwurf der Europäischen Kommission für ein Gemeinsames Europäisches Kaufrecht als Optionales Instrument. Beteiligte an den Vorarbeiten und wichtige Kritiker derselben setzen sich in diesem höchst empfehlenswerten Buch mit dem Kommissionsentwurf auseinander. Wie wird die Harmonisierung des europäischen Vertragsrechts durch den Entwurf vorangetrieben? Wie "schlägt" sich der Entwurf im Vergleich zum BGB, zum DCFR oder zu den Acquis-Principles? Beleuchtet werden insbesondere Irrtumsanfechtung, AGB-Kontrolle, allgemeines und besonderes Leistungsstörungsrecht beim Kauf und bei verbundenen Dienstleistungen sowie übergreifende Fragestellungen zum Verbraucherrecht. Der Band wird abgerundet durch eine Synopse des Kommissionsentwurfs und der vorangegangenen Machbarkeitsstudie, in der die Entwicklung des Textes deutlich wird.
Book Synopsis Examination and Notification Duties in Consumer Sales Law by : Christoph Jeloschek
Download or read book Examination and Notification Duties in Consumer Sales Law written by Christoph Jeloschek and published by sellier. european law publ.. This book was released on 2006 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there a place for examination and notification duties in consumer sales law? According to Dutch law, there is. Other countries, such as England or Germany, oppose this view. It is therefore only fair to ask why the consumer should actually lose his rights in the event of lack of conformity of the goods if he has failed to lodge his complaint within a reasonable time. This book finds that functional arguments relating to such cut-off duties are not convincing. When introducing such duties into consumer sales law, one fails to look critically at the rationale that originated in the realm of commercial sales law. It therefore can be concluded that the answer to above question is necessarily a political one. As long as certain minimum requirements of consumer protection are not left out of consideration, there is nothing wrong with such a political choice that may well be different in different countries.
Book Synopsis Comparative Consumer Sales Law by : Geraint Howells
Download or read book Comparative Consumer Sales Law written by Geraint Howells and published by Routledge. This book was released on 2017-12-06 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years, legislators around the world have responded to the particular needs of consumers by introducing dedicated rules for consumer sales contracts. In the European Union, a significant push came through the adoption of the Consumer Sales Directive (99/44/EC). Elsewhere in the world, legislation focusing on consumer sales contracts has been introduced, for example in New Zealand and Australia. This book offers a snapshot of the current state of consumer sales law in a range of jurisdictions around the globe. It provides both an overview of the law in selected jurisdictions and compares the application of these rules in the context of two case scenarios.
Book Synopsis European Law on Unfair Commercial Practices and Contract Law by : Mateja Durovic
Download or read book European Law on Unfair Commercial Practices and Contract Law written by Mateja Durovic and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the ambiguous relationship between the European law on unfair commercial practices and contract law. In particular, the manuscript demonstrates that the Directive 2005/29/EC on unfair commercial practices (UCPD) has had a major impact on contract law, despite the declaration concerning the formal independence between the two branches of law established by Article 3(2) UCPD. The insights and conclusions identified in the book contribute to a better understanding of European private law and the general process of Europeanisation of private law in the European Union, and in particular of contract law.
Book Synopsis Compliance with European Consumer Law by : Felix Pflücke
Download or read book Compliance with European Consumer Law written by Felix Pflücke and published by Oxford University Press. This book was released on 2024-08-25 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Consumer Law has adapted and evolved in response to the rapid growth of e-commerce in the last two decades. Compliance with European Consumer Law: The Case of E-Commerce examines the evolving legal framework at the EU and national levels - from mandatory disclosures to unfair contract terms - and analyses the extent to which scientifically grounded evidence or theories underpin these legislative choices. At the heart of the book lies an original, data-driven inquiry assessing compliance among e-commerce traders with consumer protection rules. The empirical analysis investigates whether 300 traders from four jurisdictions (France, Germany, the Netherlands, and the United Kingdom) comply with their legal duties and identifies reasons for non-compliance. It translates the evidence of previously undiscovered non-compliance patterns into targeted and actionable policy recommendations, presenting a significant new interpretation of the regulatory landscape. Compliance with European Consumer Law offers a unique, analytical perspective and contributes to a deeper understanding of e-commerce regulation. Innovative and engaging, this book advocates for a more evidence-driven approach within European Consumer Law aimed at strengthening the effectiveness of the rules and fostering trader compliance.
Book Synopsis The Politics of European Sales Law by : Bastiaan van Zelst
Download or read book The Politics of European Sales Law written by Bastiaan van Zelst and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A legal-political inquiry into the drafting of the uniform commercial code, the Vienna Sales Convention, the Dutch civil code and the European consumer sales directive in the context of the Europeanization of contract law."--T.p.
Book Synopsis Consumer Law and Economics by : Klaus Mathis
Download or read book Consumer Law and Economics written by Klaus Mathis and published by Springer Nature. This book was released on 2020-08-31 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.
Book Synopsis The Cambridge Companion to European Union Private Law by : Christian Twigg-Flesner
Download or read book The Cambridge Companion to European Union Private Law written by Christian Twigg-Flesner and published by Cambridge University Press. This book was released on 2010-05-20 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical 2010 introduction to European Private Law, written by the leading scholars in the field.
Book Synopsis The Constitutional Foundations of European Contract Law by : Kathleen Gutman
Download or read book The Constitutional Foundations of European Contract Law written by Kathleen Gutman and published by Oxford University Press, USA. This book was released on 2014-03 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the constitutional foundations of European contract law, this book provides a thorough assessment of the extent of the European Union's competence to regulate contracts and offers a comprehensive comparative study of the contract law framework in the United States.
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 244 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 Selected National, European and International Provisions from Public and Private Law by : Philipp Kiiver
Download or read book Selected National, European and International Provisions from Public and Private Law written by Philipp Kiiver and published by Europa Law Publishing. This book was released on 2010 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Maastricht Law Faculty is known for its outstanding expertise in the field of European and comparative law, and it attaches great importance to comparative legal studies in its teaching. National, European, and international legal provisions, which have proven to be particularly relevant in comparative legal studies, assists students, academics, and practitioners in their comparative law work. This expanded and updated second edition of the Maastricht Collection covers the areas of: constitutional law * administrative law and administrative procedure * criminal justice * European and international human rights law * property law * tort law * national and European contract law * civil procedure * private international law * company law * international business law * international tax law. For each area, a selection of important legal provisions - from France, Germany, the Netherlands, and the UK - is provided. This includes domestic constitutional and statutory provisions, provisions from international treaties, and instruments of the EU. In addition, selected sources from the US are provided. Sources are reproduced in the original English or are rendered as fresh English translations under critical editorship. Unlike many other translations, The Maastricht Collection remains true to the content, style, and syntax of the original texts. This allows the reader to appreciate, not only the substance, but also the authentic form - and the beauty - of foreign legal sources.
Book Synopsis Performance-Oriented Remedies in European Sale of Goods Law by : Vanessa Mak
Download or read book Performance-Oriented Remedies in European Sale of Goods Law written by Vanessa Mak and published by Bloomsbury Publishing. This book was released on 2009-01-15 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.
Book Synopsis The Images of the Consumer in EU Law by : Dorota Leczykiewicz
Download or read book The Images of the Consumer in EU Law written by Dorota Leczykiewicz and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.
Book Synopsis Handbook of Research on International Consumer Law, Second Edition by : Geraint Howells
Download or read book Handbook of Research on International Consumer Law, Second Edition written by Geraint Howells and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumer law and policy continues to be of great concern to both national and international regulatory bodies, and the second edition of the Handbook of Research on International Consumer Law provides an updated international and comparative analysis of the central legal and policy issues, in both developed and developing economies.
Book Synopsis Handbook of Research on International Consumer Law by : Geraint G. Howells
Download or read book Handbook of Research on International Consumer Law written by Geraint G. Howells and published by Edward Elgar Publishing. This book was released on 2010 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a truly international effort, and one with a strong commitment to human rights by the highly reputable authors coming from different jurisdictions! The many facets of today s consumer law are presented to the reader, including developing countries a fascinating effort in a dynamically emerging field of law! We are comprehensively informed about such bread and butter areas as advertising, unfair terms, consumer guarantees, product safety and liability, consumer credit, and redress. But traditional consumer law concepts and remedies are facing challenges in more complex areas, like services of general internet where consumers and private users should enjoy equal access to universal services , with the internet where speed must not be a pretext to eliminate standards of fair dealing, with risky investment services under the problematic paradigm shift from investor protection to investor confidence . A book to read, to think about, to work with for everybody interested in the future of consumer markets and law in a time of economic crisis! Norbert Reich, University of Bremen, Germany This is a richly interesting collection of essays, written by leading names in the field. It offers a thoroughly reliable survey of key tensions and challenges in modern consumer law and brilliantly combines thematic overview with detailed analysis. It will stimulate comparative thinking, it will provide a source of information and it will be welcomed by consumer law scholars all over the world. Stephen Weatherill, University of Oxford, UK Consumer law and policy has emerged in the last half-century as a major policy concern for all nations. This Handbook of original contributions provides an international and comparative analysis of central issues in consumer law and policy in developed and developing economies. The Handbook encompasses questions of both social policy and effective business regulation. Many of the issues are common to all countries and are becoming increasingly globalised due to the growth in international trade and technological developments such as the Internet. The authors provide a broad coverage of both substantive topics and institutional questions concerning optimal approaches to enforcement and the role of class actions in consumer policy. It also includes comparative insights into the influential EU and US models of consumer law and relates consumer law to contemporary trends in human rights law. Written by a carefully selected group of international experts, this text represents an authoritative resource for understanding contemporary and future developments in consumer law. This Handbook will provide students, researchers and policymakers with an insight to the main policy debates in each context and provide models of legal regulation to assist in the evaluation of laws and the development of consumer law and policy.
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.
Book Synopsis The Draft UNCITRAL Digest and Beyond by : Franco Ferrari
Download or read book The Draft UNCITRAL Digest and Beyond written by Franco Ferrari and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 891 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The Draft UNCITRAL Digest and Beyond” is one of the most useful single volumes available on the CISG. It includes the full text of the draft “UNCITRAL Digest” which catalogues the cases and arbitral awards to date that have interpreted and applied the CISG on an article by article basis. “The Digest and Beyond” includes also commentary by eminent CISG scholars that addresses issues not yet considered in the cases. With more than 1000 decisions applying the CISG in courts and arbitral tribunals around the world, the UNCITRAL Secretariat charged five CISG experts from a variety of regions with the task of creating a digest of CISG case law. “The Digest and Beyond” includes the draft “UNCITRAL Digest”, even before it is released officially by UNCITRAL. It also goes where the authors of the Digest were not allowed to go, given the narrow mandate within which the drafters were asked to work. Its chapters build upon the work of the “UNCITRAL Digest”. The Digest describes the reasoning and results of existing CISG cases; in “The Digest and Beyond”, the Digest authors analyze those cases, and discuss issues that have not yet arisen in the case law. Thus, in many ways, “The Digest and Beyond” provides scholarship that can direct future cases in areas that have not yet been considered by courts and arbitrators as well as in areas in which contradictory court decisions exist.
