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Author : Wolfgang Heusel
Publisher :
ISBN 13 :
Total Pages : 372 pages
Book Rating : 4.F/5 ( download)
Download or read book Neues europäisches Vertragsrecht und Verbraucherschutz written by Wolfgang Heusel and published by . This book was released on 1999 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : C. Massimo Bianca
Publisher : Intersentia nv
ISBN 13 : 9050951937
Total Pages : 400 pages
Book Rating : 4.0/5 (59 download)
Download or read book E.U. Sales Directive written by C. Massimo Bianca and published by Intersentia nv. This book was released on 2002 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: European standards of interpretation (including interpretation of comparative law) and reference to the directive and to instruments of European law are now part of sound legal practice even in the most routine of domestic cases. The huge reforms in many national laws, in some countries the rewriting of their Code to reflect the Directive, is no more than good approximation. What really matters and what ultimately will be the decisive standard is the Directive. The Geneva Conventions on bills of exchange and cheques, the Vienna Convention on the International Sale of Goods and the Brussels Convention on jurisdiction and recognition of judgments were milestones. They did not, however, influence national private law in its core area as profoundly and as extensively as the EU Sales Law Directive will. This book starts off by explaining the instruments of European law and their influence on national law and lays solid foundations for a thorough transnational understanding of every single pro-vision of the directive. Also discussed are the philosophical, historical and economic foundations of the different rules, which are followed by a detailed commentary on each individual article. Contributions to this book are made by C.M. Bianca, M. Bridge, W. van Gerven, F. Gomez, S. Grundmann, E. Hondius, P. Malinvaud, A.L. Serrano, P. Sirena and S. Stijns.
Author : Stefan Grundmann
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041125302
Total Pages : 394 pages
Book Rating : 4.0/5 (411 download)
Download or read book The Architecture of European Codes and Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential andarchitectureand of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code. The book is organised along three major avenues: and the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract; and the apparent necessity to merge consumer contract law (i.e. such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and and the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount. The authors perspectives cover a wide range of jurisdictions, including new EU Member States. The bookands commitment to an integration of comparative law, EC law, and the debate on European codification offers practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far. This model may serve as a basis for Europe-wide and perhaps even worldwide discussion.
Author : Stefan Grundmann
Publisher : Kluwer Law International B.V.
ISBN 13 : 904113526X
Total Pages : 354 pages
Book Rating : 4.0/5 (411 download)
Download or read book Financial Services, Financial Crisis and General European Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Speculation is rife on the origins of the worldwide financial crisis of 2008, with a preponderance focusing on alleged shortcomings in corporate governance. This book offers a distinct yet complementary perspective: that the most useful path to follow, if we want to understand what happened and forestall its happening again, is through an analysis of contract relationships - specifically, banking contracts entered into in the financial services sector, considered under the rubric of contract law rather than company law. Because banking is the area of European contract law which is most thoroughly developed, banking contracts can be seen as paradigmatic of typical assumptions and shortcomings often examined in the more general debate on contract law. And indeed, the very thoroughness of European banking contract law makes it a promising ground on which to build effective preventive measures. In this book thirteen noted scholars, recognizing that modern contract law must take into account global markets and risks, consider banking contracts within networks and within mass transactions. Always attending to the long-term relationships that characterize financial services contracts, they focus on such cross-sector issues as the following: rule-setting and the question of who should best regulate and at which level; networks of contracts as the backbone of a market economy; the complex interplay between market regulation and traditional contract law; avoiding erroneous assumptions about the future development of prices; the passing on of the risk via securitization; rating relationships affected by conflicts of interests; remuneration problems; core duties of information and advice in an agency relationship in services; fiduciary duties of loyalty and care; types of clients and level of protection; differentiation in information available on various markets; and the question of enforcement.
Author : Lilian Edwards
Publisher : Bloomsbury Publishing
ISBN 13 : 1847312616
Total Pages : 546 pages
Book Rating : 4.8/5 (473 download)
Download or read book The New Legal Framework for E-Commerce in Europe written by Lilian Edwards and published by Bloomsbury Publishing. This book was released on 2005-12-19 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by well known specialists in e-commerce and Internet law, drawn from both academe and practice, analyses recent crucial legislation which has created, for the first time, a legal regime governing European electronic commerce. The central focus is on the European Electronic Commerce Directive and its implementation in the UK since August 2002. The E-Commerce Directive develops a distinctive European strategy for regulating and promoting on-line business and the information society. Areas of the Directive analysed include contracting on-line, Internet service provider liability, consumer privacy including spam and 'cookies', country of origin regulation, and on-line alternative dispute resolution (ODR). Further chapters move beyond the Directive to discuss other important new laws in this domain, including the Privacy and Electronic Communications Directive, the Distance Selling Directives, the Electronic Money Directive, the Lawful Business regulations on employee surveillance, the disability discrimination rules affecting websites and the extension of VAT to on-line transactions. Both the European framework and the rules as implemented in the UK are examined and critiqued for how well they meet the needs of business and consumers.
Author : Stefan Grundmann
Publisher : Springer
ISBN 13 : 9789041118530
Total Pages : 472 pages
Book Rating : 4.1/5 (185 download)
Download or read book An Academic Green Paper to European Contract Law written by Stefan Grundmann and published by Springer. This book was released on 2002-12-10 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Contract is the core tool of governance in a free market economy. An EU Contract Law Code is now on the political agenda because all three legislative bodies in the EU and most member states favour it in principle. In its communication of July 2001, the Commission proposed three major options: to enhance the existing EC Contract Law by eliminating inconsistencies; introducing a European Code which substitutes national laws; and introducing a European code which only supplements national laws. This book achieves three things: For the first time, European academia is discussing these three options in an extensive and systematic way with pros and cons, in a transparent and systematic way, along broad lines and often also important details. The book contains the views of all protagonists from all those who really drafted the models to all those who illustrated the potential of decentralized rule-making and invented the very idea of an Optional Code. This is the first book in which the optional Code, which is the alternative most likely to come, is thoroughly analysed at all. This work also contains a full map of design possibilities. It is the executive summary of what European academia thinks of the future of European Contract Law and a European Code. It is the Academic Green Paper on European Contract Law.
Author : André Janssen
Publisher : Routledge
ISBN 13 : 1351927582
Total Pages : 235 pages
Book Rating : 4.3/5 (519 download)
Download or read book Information Rights and Obligations written by André Janssen and published by Routledge. This book was released on 2017-03-02 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Information requirements have become a key element of consumer policy at the European level and are also gaining increasing importance in all other areas of private law. The law stipulates that information provided should not be misleading and also involves requirements regarding the fairness and objectivity of what has been provided. In addition to controlling the veracity of what is voluntarily offered by traders, the law increasingly requires disclosure of certain information. This volume focuses especially on the question of how these information requirements influence the party autonomy. International contributors explore in various contexts whether the legislative policy regarding the information requirements and their relationship to party autonomy has been properly thought through.
Author : Reiner Schulze
Publisher : Walter de Gruyter
ISBN 13 : 3866537263
Total Pages : 452 pages
Book Rating : 4.8/5 (665 download)
Download or read book New Features in Contract Law written by Reiner Schulze and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic change, globalisation and harmonisation of European Law have brought new challenges to contract law. The contributions in this Volume by prominent legal scholars deal with current trends and perspectives in European and International Contract Law and their impact on the various domestic legal systems. The Compendium provides an analysis of new developments in formation of contract, performance and remedies, consumer contract law and the particularly controversial area of anti-discrimination law. Experts in their field examine the underlying legal principles and problems arising in legal practice in Common Law and Civil Law. The essays written in English, German and French are the product of a series of lectures held in 2006 at the Centre for European Private Law (CEP) at the University of Münster, Germany. The contributing authors are: John Adams, Hugh Beale, Giuditta Cordero-Moss, Barbara Dauner-Lieb, Michele Graziadei, Thomas Gutmann, Geraint Howells, Simon James, Paul Lagarde, Matthias Lehmann, Peter Møgelvang-Hansen, Salvatore Patti, Thomas Pfeiffer, John C. Reitz, Judith Rochfeld, Martin Schmidt-Kessel, Jürgen Schmidt-Räntsch, Alessandro Somma, Stefano Troiano, Christian Twigg-Flesner, Antoni Vaquer Aloy and Fryderyk Zoll.
Author :
Publisher :
ISBN 13 :
Total Pages : 974 pages
Book Rating : 4.:/5 (5 download)
Download or read book Dickinson Law Review written by and published by . This book was released on 2001 with total page 974 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Dickinson Law Review publishes materials representing viewpoints on legal issues of local, state, and national concern.
Author : Barbara Huber
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.F/5 ( download)
Download or read book Combating Corruption in the European Union written by Barbara Huber and published by . This book was released on 2002 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Antonio Pérez van Kappel
Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.F/5 ( download)
Download or read book Free World Trade and the European Union written by Antonio Pérez van Kappel and published by . This book was released on 2000 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 206 pages
Book Rating : 4.3/5 (91 download)
Download or read book Kobe University Law Review written by and published by . This book was released on 2001 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stefan Wrbka
Publisher : Cambridge University Press
ISBN 13 : 1107072379
Total Pages : 419 pages
Book Rating : 4.1/5 (7 download)
Download or read book European Consumer Access to Justice Revisited written by Stefan Wrbka and published by Cambridge University Press. This book was released on 2015 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?
Author : Reiner Schulze
Publisher :
ISBN 13 :
Total Pages : 438 pages
Book Rating : 4.F/5 ( download)
Download or read book Common principles of European private law written by Reiner Schulze and published by . This book was released on 2003 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Nils Jansen
Publisher : Oxford University Press
ISBN 13 : 0192508016
Total Pages : 3650 pages
Book Rating : 4.1/5 (925 download)
Download or read book Commentaries on European Contract Laws written by Nils Jansen and published by Oxford University Press. This book was released on 2018-07-13 with total page 3650 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Author : Kai Purnhagen
Publisher : Springer
ISBN 13 : 3319049038
Total Pages : 883 pages
Book Rating : 4.3/5 (19 download)
Download or read book Varieties of European Economic Law and Regulation written by Kai Purnhagen and published by Springer. This book was released on 2014-07-16 with total page 883 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz’ work: from his theoretical work on private law beyond party autonomy, with a special focus on its regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice.
Author : N. Reich
Publisher : Springer Science & Business Media
ISBN 13 : 9401714843
Total Pages : 399 pages
Book Rating : 4.4/5 (17 download)
Download or read book European Consumer Policy after Maastricht written by N. Reich and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Consumer Policy after Maastricht raises both `horizontal' and `vertical' issues of consumer policy in the European Community and associated countries. The work was prompted by three important `constitutional' events in Europe: the completion of the Internal Market on 31 December 1992, the adoption of the Maastricht Treaty on Political Union, and the conclusion of the Agreement on the European Economic Area (EEA). The `horizontal' papers in Part I are concerned both with analyzing the `acquis' of consumer policy in Europe and with new directions as well as obstacles. The keynote paper by Micklitz and Weatherill gives an overall analysis of the political and legal bases of consumer policy from both the Internal Market and the Political Union perspectives. It is followed by two papers on subsidiarity by Gibson and Dahl which take up and clarify a somewhat confusing and irritating discussion in the EC. Lothar Maier is concerned with the function and role of the Consumer's Consultative Council in the EC of which he is the President; Monique Goyens with the opportunities and especially the shortcomings of consumer interest lobbying in the EC by her association, BEUC. The papers by Schmitz, Micklitz, Wilhelmsson and Krämer raise controversial and still unresolved policy and legal issues which go beyond traditional consumer policy via directives, e.g. in commercial marketing, cross-border litigation, contract law matters and conflicts between consumer and conflicts between consumer and environmental policy. Part II is concerned with national perspectives. The individual country reports relate to the EC and EEA countries and to Switzerland. They document the diverse -- sometimes protective, sometimes disturbing -- impact of EC lawmaking on national legislation, court practice and enforcement. They demonstrate that law harmonization is a painstaking process towards the goal of creating a European legal area with common protective standards.
