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Unconscionability In European Private Financial Transactions
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Book Synopsis Unconscionability in European Private Financial Transactions by : Mel Kenny
Download or read book Unconscionability in European Private Financial Transactions written by Mel Kenny and published by Cambridge University Press. This book was released on 2010-06-24 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Given the unprecedented recent turmoil on financial markets we now face radically challenged, 'post-Lehmann' assumptions on protecting the vulnerable in financial transactions. This collection of essays explores conceptions of, and responses to, unconscionability and similar notions across Europe with specific reference to financial transactions. It presents a detailed analysis of concepts of unconscionability in Europe against a backdrop of Commission initiatives aimed, variously, at securing a single market in financial services, producing greater coherence in EC consumer protection law and consolidating European private law. This analysis illustrates, for example, that concepts of unconscionability depend on context and can be shaped by a variety of factors. It also illustrates that jurisdictions may choose to respond to questions of unconscionability through a variety of legal instruments located in different branches of the law rather than through a single doctrine. Thus this collection illuminates many of the obstacles facing harmonisation in this area.
Book Synopsis Reforming Corporate Retail Investor Protection by : Diane Bugeja
Download or read book Reforming Corporate Retail Investor Protection written by Diane Bugeja and published by Bloomsbury Publishing. This book was released on 2019-12-12 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The spate of mis-selling episodes that have plagued the financial services industries in recent years has caused widespread detriment to investors. Notwithstanding numerous regulatory interventions, curtailing the incidence of poor investment advice remains a challenge for regulators, particularly because these measures are taken in a 'fire-fighting' fashion without adequate consideration being given to the root causes of mis-selling. Against this backdrop, this book focuses on the sale of complex investment products to corporate retail investors by drawing upon the widespread mis-selling of interest rate hedging products (IRHP) in the UK and beyond. It brings to the fore the relatively understudied field concerning the different degrees of investor protection mechanisms applicable to individual retail investors – as opposed to corporate retail investors – by taking stock of past regulatory reforms and forthcoming regulatory initiatives as well as, more importantly, the conclusions reached by the judiciary in IRHP mis-selling claims. The conclusions are particularly interesting: corporate retail investors are in a vulnerable position when compared to individual retail investors. The former are exposed to a heightened risk of mis-selling, meaning that regulatory intervention should be targeted accordingly. The recommendations made as a result of these findings are further supported by insights emerging from behavioural law and economic theories. This book is aimed at researchers, lawyers and students with an interest in the financial regulation field who are keen to explore potential regulatory reforms to the investment services regime that address the root causes of mis-selling, and restore a level playing field amongst all retail investors.
Book Synopsis The Involvement of EU Law in Private Law Relationships by : Dorota Leczykiewicz
Download or read book The Involvement of EU Law in Private Law Relationships written by Dorota Leczykiewicz and published by Bloomsbury Publishing. This book was released on 2013-03-12 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.
Book Synopsis The Transformation of European Private Law by : James Devenney
Download or read book The Transformation of European Private Law written by James Devenney and published by Cambridge University Press. This book was released on 2013-10-24 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical overview of the Europeanisation of private law at a watershed moment, a point of punctuated equilibrium.
Book Synopsis Judicial Cooperation in European Private Law by : Fabrizio Cafaggi,
Download or read book Judicial Cooperation in European Private Law written by Fabrizio Cafaggi, and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Notwithstanding recent increases in the scope for judicial cooperation and dialogue between European courts, little research has been undertaken into the impact of the jurisprudence of the European Court of Justice, and the dialogue that arises therefrom, in national legal systems between courts and regulators. This coherent collection of original chapters provides unique insights into these developments – with a particular focus on consumer law – from a broad range of stakeholders, including academics and judges from the EU and the US.
Book Synopsis Creditworthiness and 'Responsible Credit' by : Noah Vardi
Download or read book Creditworthiness and 'Responsible Credit' written by Noah Vardi and published by BRILL. This book was released on 2022-09-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this comparative study in US and EU law, Noah Vardi questions whether there is a legally enforceable duty to lend and borrow credit in a “responsible” manner and clarifies the associated notion of “creditworthiness.”
Book Synopsis Home Equity and Ageing Owners by : Lorna Fox O'Mahony
Download or read book Home Equity and Ageing Owners written by Lorna Fox O'Mahony and published by Bloomsbury Publishing. This book was released on 2012-01-06 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing use of housing equity to support a range of activities and needs raises complex issues, particularly for older owners. In an environment in which older owners are pushed towards housing equity transactions to meet income and welfare costs, they are required to make choices from a complex and sometimes bewildering range of options. The transactions which facilitate the use of home equity as a resource to spend in later life - from 'trading down' and 'ordinary' secured and unsecured debt to targeted products including reverse/lifetime mortgages, home reversion plans and sale-and-rentback agreements - raise important legal and regulatory issues. This book provides a contextual analysis of the financial transactions that older people enter into using their housing equity. It traces the protections afforded to older owners through the 'ordinary' law of property and contract, as well as the development of specific regulatory protections focused on targeted products. The book employs the notion of risk to highlight the nature and causes of the 'situational' vulnerabilities to which older people are now subject as 'consumers' of housing equity, showing that the older owner's personal situation is crucial in determining whether and why they may seek to release equity, the options and products available to them, and the impact of harms resulting from adverse transactions. The book critically evaluates the extent to which this context is incorporated in the legal frameworks through which these transactions are governed, as a measure of the 'appropriateness' of existing legal provision, as well as considering the arguments surrounding 'special protection' for older owners in housing equity transactions.
Book Synopsis Consumer Credit, Debt and Investment in Europe by : James Devenney
Download or read book Consumer Credit, Debt and Investment in Europe written by James Devenney and published by Cambridge University Press. This book was released on 2012-07-12 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This topical collection of essays provides a detailed analysis of European consumer protection law in credit and investment.
Book Synopsis The European Unfair Commercial Practices Directive by : Willem van Boom
Download or read book The European Unfair Commercial Practices Directive written by Willem van Boom and published by Routledge. This book was released on 2016-02-11 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice. Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States. This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.
Book Synopsis Property and Trust Law in Lithuania by : Andrius Smaliukas
Download or read book Property and Trust Law in Lithuania written by Andrius Smaliukas and published by Kluwer Law International B.V.. This book was released on 2021-09-20 with total page 372 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 property in Lithuania deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. 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. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. 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 any practitioner faced with a property-related matter. Lawyers representing parties with interests in Lithuania will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
Book Synopsis European Insolvency Law by : Gerard McCormack
Download or read book European Insolvency Law written by Gerard McCormack and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically analysing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions.
Book Synopsis Protecting Financial Consumers in Europe by :
Download or read book Protecting Financial Consumers in Europe written by and published by BRILL. This book was released on 2023-02-17 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting Financial Consumers in Europe provides an authoritative account of what is state-of-the-art in the field of contracts relating to selected financial services, and the resolution of disputes arising out of such contracts by ADR bodies in Europe, both at national and EU level.
Book Synopsis Commercial Contract Law by : Larry A. DiMatteo
Download or read book Commercial Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2013-01-31 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.
Book Synopsis The Common European Sales Law in Context by : Gerhard Dannemann
Download or read book The Common European Sales Law in Context written by Gerhard Dannemann and published by OUP Oxford. This book was released on 2013-03-21 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.
Book Synopsis Good Neighbourliness in the European Legal Context by : Dimitry Kochenov
Download or read book Good Neighbourliness in the European Legal Context written by Dimitry Kochenov and published by BRILL. This book was released on 2015-07-31 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book delves into the substance and legal nature of the good neighbourly relations principle established in public international law and traces its interpretation and application in various fields of EU law.
Book Synopsis European Consumer Protection by : James Devenney
Download or read book European Consumer Protection written by James Devenney and published by Cambridge University Press. This book was released on 2012-04-05 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: This topical volume provides detailed analyses of European consumer protection law in both its theoretical and practical dimensions. Part I casts a critical light over consumer protection strategies and mechanisms in the EU, Part II critically explores responses to vulnerability and Part III contextualises aspects of European consumer protection law.
Book Synopsis English and European Perspectives on Contract and Commercial Law by : Louise Gullifer
Download or read book English and European Perspectives on Contract and Commercial Law written by Louise Gullifer and published by Bloomsbury Publishing. This book was released on 2014-10-23 with total page 1110 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to honour the influential and wide-ranging work of Professor Hugh Beale. It contains essays by twenty-five very distinguished authors, each of whom has worked with Professor Beale as a co-author, as a teaching colleague, during his time as Law Commissioner of England and Wales, or as part of the study groups working in Europe on contract and commercial law. The essays reflect different aspects of Professor Beale's interests. Some concentrate on English contract law, either from a historical or a current perspective, while others are focused on aspects of European contract law. There are four essays looking at current issues relating to security and financing, and, as befits a former Law Commissioner, three essays on law reform. The essays in the final section discuss trends in transnational and European commercial law. This book brings together the reflections of eminent writers from all over Europe on important issues facing contract and commercial law and will be of interest to all scholars and practitioners working in these areas.
