Unfair terms in consumer contracts in a European perspective

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Publisher : Nordic Council of Ministers
ISBN 13 : 9788773035870
Total Pages : 180 pages
Book Rating : 4.0/5 (358 download)

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Book Synopsis Unfair terms in consumer contracts in a European perspective by :

Download or read book Unfair terms in consumer contracts in a European perspective written by and published by Nordic Council of Ministers. This book was released on 1991 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary.

Unfair terms in consumer contracts in a European perspective

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Publisher :
ISBN 13 : 9789179963521
Total Pages : 172 pages
Book Rating : 4.9/5 (635 download)

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Book Synopsis Unfair terms in consumer contracts in a European perspective by :

Download or read book Unfair terms in consumer contracts in a European perspective written by and published by . This book was released on 1991 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary.

Standard Contract Terms in Europe

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127844
Total Pages : 310 pages
Book Rating : 4.0/5 (411 download)

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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.

Unfair Contract Terms in the Digital Age

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Publisher : Edward Elgar Publishing
ISBN 13 : 1800886179
Total Pages : 240 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Unfair Contract Terms in the Digital Age by : Gardiner, Caterina

Download or read book Unfair Contract Terms in the Digital Age written by Gardiner, Caterina and published by Edward Elgar Publishing. This book was released on 2022-06-14 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the introduction of the European Unfair Contract Terms Directive (UCTD) there have been far-reaching developments in the digital landscape which have significantly altered the nature of consumer contracts. This timely book examines the changes that have taken place since the advent of the UCTD and analyses the challenges that they pose for consumers entering online standard form contracts today.

Research Handbook on EU Consumer and Contract Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1782547371
Total Pages : 603 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Research Handbook on EU Consumer and Contract Law by : Christian Twigg-Flesner

Download or read book Research Handbook on EU Consumer and Contract Law written by Christian Twigg-Flesner and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on EU Consumer and Contract Lawtakes stock of the evolution of this fascinating area of private law to date and identifies key themes for the future development of the law and research agendas. This major Handbook brings together contributions by leading academics from across the EU on the latest developments and controversies in these important areas of law. The Handbookis divided into three distinct and thematic parts: firstly, authors examine a range of cross-cutting issues relevant to both consumer and contract law. The second part discusses specific topics on EU consumer law, including the consumer image within EU law, information duties and unfair contract terms. The final part focuses on a number of important subjects which remain current in the development of EU contract law and presents a number of innovative solutions to the challenges presented in parts one and two. This timely and insightful Handbook will provide both a comprehensive survey of this area of law for the novice researcher and fresh food-for-thought for scholars who have been researching this area of law for many years. Contributors include:E.A. Amayuelas, H. Beale, J.M. Bech Serrat, C. Busch, R. Canavan, P. Cartwright, O.O. Cherednychenko, G. Comparato, G. Cordero-Moss, A. Cygan, L. Gillies, M. Graziadei, M.W. Hesselink, G. Howells, C. Mak, V. Mak, H.-W. Micklitz, B. Pozzo, P. Rott, J. Rutgers, J.M. Smits, Y. Svetiev, E.T.T. Tai, C. Twigg-Flesner, W.H. van Boom, J. Watson, F. Zoll

Perspectives for European Consumer Law

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3866538782
Total Pages : 190 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Perspectives for European Consumer Law by : Hans Schulte-Nölke

Download or read book Perspectives for European Consumer Law written by Hans Schulte-Nölke and published by Walter de Gruyter. This book was released on 2010-12-23 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: The forthcoming Directive on Consumer Rights is part of a far-reaching European development in the field of consumer law and general contract law. The European Commission has initiated the long expected broad shift to full harmonisation. This puts the national laws and all lawyers applying it under new challenges. In future, the Member States will be prohibited from deviations not only "downwards" but also "upwards". In particular the relation between (EC and national) consumer law and general contract law is under question. The Czech EU Presidency in the first half of 2009 gave the occasion for a conference organised by the Charles University, the Acquis Group and the Czech European Consumer Center at Prague. Leading contract law scholars, policy makers and stakeholders from across Europe put the Proposal under close scrutiny from political, legal and practical angles. This volume contains the results of the conference and thus responds to the question of the extent to which the Proposal offers indeed perspectives for European consumer law. It also contains a position paper elaborated by the Acquis Group in the aftermath of the conference which highlights strengths and weaknesses and suggests improvements of the Proposal.

Unfair Contract Terms in European Law

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Author :
Publisher :
ISBN 13 : 9781472560018
Total Pages : 225 pages
Book Rating : 4.5/5 (6 download)

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Book Synopsis Unfair Contract Terms in European Law by : Paolisa Nebbia

Download or read book Unfair Contract Terms in European Law written by Paolisa Nebbia and published by . This book was released on 2007 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation with a twofold aim: first, to understand the extent to which the Directive has influenced and will influence fundamental notions and principles of contract law in the domestic legal systems of the Member States; second, it examines the extent to which the domestic legal traditions of the Member States have influenced the process of drafting of the Directive and, more importantly, will affect the way that the Directive is interpreted and applied in national courts. The focus is mainly on English law).

Unfair Contract Terms in European Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847313485
Total Pages : 246 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Unfair Contract Terms in European Law by : Paolisa Nebbia

Download or read book Unfair Contract Terms in European Law written by Paolisa Nebbia and published by Bloomsbury Publishing. This book was released on 2007-02-08 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation with a twofold aim: first, to understand the extent to which the Directive has influenced and will influence fundamental notions and principles of contract law in the domestic legal systems of the Member States; second, it examines the extent to which the domestic legal traditions of the Member States have influenced the process of drafting of the Directive and, more importantly, will affect the way that the Directive is interpreted and applied in national courts. The focus is mainly on English law (including the 2005 Unfair Terms in Contracts Bill) and on Italian law, but frequent references are made to the French and the German systems. At the same time, the book has a broader, more 'European' concern, in that it aims to distill from the existing Community acquis and from the history and rationale of Directive 93/13 notions and concepts that could guide its interpretation. It is well known that Community law uses terminology which is peculiar to it, and that legal concepts do not necessarily have the same meaning in EC law and in the law of the various Member States: every provision of Community law must be placed in its context and interpreted in the light of its own objectives and rationale, and of the objectives and rationale of Community law as a whole. In this respect, this book aims to identify the contours and features of the emerging European legal tradition, and to assess the impact that this may have on the domestic traditions.

A Comparative Analysis of Policing Consumer Contracts in China and the EU

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Author :
Publisher : Springer
ISBN 13 : 9811329893
Total Pages : 325 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis A Comparative Analysis of Policing Consumer Contracts in China and the EU by : Jiangqiu Ge

Download or read book A Comparative Analysis of Policing Consumer Contracts in China and the EU written by Jiangqiu Ge and published by Springer. This book was released on 2019-02-07 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to fill a gap in the existing literature by describing the formulation, interpretation and enforcement of the rules on consumer contracts in China and the EU, and by mapping key similarities and differences. The study addresses selected issues regarding consumer contracts: sources of law in the two jurisdictions are first discussed to set the scene. Afterwards, one preliminary issue - how to define the concept of a consumer contract - and two substantive topics - unfair terms and withdrawal rights - are dealt with. Apart from the descriptive analysis, the book also provides possible explanations for these comparative findings, and argues that the differences in consumer contract rules can be primarily attributed to a disparity of markets. The book offers a valuable resource, particularly for researchers and practitioners in the fields of private law and comparative law.

Rethinking EU Consumer Law

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Publisher : Routledge
ISBN 13 : 135167532X
Total Pages : 350 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Rethinking EU Consumer Law by : Geraint Howells

Download or read book Rethinking EU Consumer Law written by Geraint Howells and published by Routledge. This book was released on 2017-07-28 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU’s consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU’s approach to consumer law and policy.

European Law on Unfair Commercial Practices and Contract Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782258132
Total Pages : 235 pages
Book Rating : 4.7/5 (822 download)

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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.

Modernising and Harmonising Consumer Contract Law

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Publisher : sellier. european law publ.
ISBN 13 : 386653860X
Total Pages : 333 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Modernising and Harmonising Consumer Contract Law by : Geraint Howells

Download or read book Modernising and Harmonising Consumer Contract Law written by Geraint Howells and published by sellier. european law publ.. This book was released on 2009-04-27 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: In October 2008 the European Commission published its Proposal for a Consumer Rights Directive which puts forward far-reaching changes to the core of consumer contract law: Four current directives are to be replaced by a new, overarching piece of legislation and in doing so full harmonisation for the most part is to take the place of the minimum standard presently in force in the EU. Although a welcome initiative, the extent and possible effects of the Proposal have certainly brought a number of issues to the fore. In January 2009, legal experts from universities, practice and the civil service met to address the points raised by the Proposal and the question of the extent to which it can indeed contribute to the modernisation and harmonisation of European consumer contract law. The papers presented at this conference analysed, criticised and suggested improvements for the Proposal and are published in this volume.

Fairness in Consumer Contracts

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Publisher : Routledge
ISBN 13 : 1351937391
Total Pages : 465 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Fairness in Consumer Contracts by : Chris Willett

Download or read book Fairness in Consumer Contracts written by Chris Willett and published by Routledge. This book was released on 2016-12-05 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on unfair contract terms in consumer contracts, in particular the existing legislation and the proposals by the Law Commissions for a new unified regime. In this context it considers, in particular, what we mean by fairness (both procedurally and in substance); the tools used; the European dimension; the move from general principles from the more piecemeal approach typical in UK legal tradition; and the further move in this direction as a result of the Unfair Commercial Practices Directive.

Unfair Contract Terms in the Light of European Law

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (18 download)

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Book Synopsis Unfair Contract Terms in the Light of European Law by : Szakács István

Download or read book Unfair Contract Terms in the Light of European Law written by Szakács István and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Changing Consumer Law in the United Kingdom after Brexit?

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Publisher : Nomos Verlag
ISBN 13 : 3748926553
Total Pages : 428 pages
Book Rating : 4.7/5 (489 download)

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Book Synopsis Changing Consumer Law in the United Kingdom after Brexit? by : Katharina Steinbrück

Download or read book Changing Consumer Law in the United Kingdom after Brexit? written by Katharina Steinbrück and published by Nomos Verlag. This book was released on 2021-06-14 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dem britischen Gesetzgeber eröffnen sich durch den weitgehenden Wegfall von Bindung an EU-Recht im Verbraucherrecht neue regulatorische Möglichkeiten. Dieses Werk widmet sich der Frage, ob Normen des bisher von der EU bestimmten Verbraucherkredit- und AGB-Rechts beibehalten oder geändert werden sollten. Eine historische Analyse beantwortet die Frage, inwieweit EU-Recht in der Vergangenheit durch das Vereinigte Königreich gestaltet und rezipiert wurde. Auf Grundlage einer umfassenden rechtsvergleichenden Betrachtung wird zudem analysiert, ob alternative europäische Kooperationsmodelle mehr regulatorischen Freiraum bieten und die (Nicht-) Umsetzung von Verbraucherrecht als Vorbild für neue Regulierung im Vereinigten Königreich dienen könnte.

European Consumer Protection

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Publisher : Cambridge University Press
ISBN 13 : 1107378842
Total Pages : 475 pages
Book Rating : 4.1/5 (73 download)

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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 volume analyses the theory and practice of European consumer protection in the context of consolidation initiatives seen, inter alia, in the revision of the Consumer Acquis, the Draft Common Frame of Reference and the proposal for an EU Consumer Rights Directive. The issues addressed are all the more significant given the revisions to the proposed Directive, the appointment of an 'Expert Group on a Common Frame of Reference' and the Commission's 2010 Green Paper on progress towards a European Contract Law. The contributions to this volume point to the arrival of a contested moment in EU consumer protection, questioning the arrival of the 'empowered' consumer and uncovering the fault lines between consumer protection and other goals. What emerges is a model of poly-contextual EU consumer protection law, a model that challenges the assumptions in both the 2010 Green Paper and the revised proposed Consumer Rights Directive.

EU Consumer Law and Policy

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Publisher : Edward Elgar Publishing
ISBN 13 : 0857936980
Total Pages : 351 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis EU Consumer Law and Policy by : Stephen Weatherill

Download or read book EU Consumer Law and Policy written by Stephen Weatherill and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaim for the first edition: As a whole, Stephen Weatherill crafts a detailed and wonderfully rich consideration of this dynamic issue and is a resource which practitioners in this area could ill do without. Weatherills thorough and thoughtful insights with regard to these issues provide an important basis for understanding the complexities and vagaries of market integration in the EU Community. Peter G. Fitzgerald, Canadian Law Library Review Steve Weatherill provides an excellent thought-provoking account of EU consumer law and policy. It will be required reading for all those interested in this important subject. Paul Craig, St Johns College, Oxford, UK This is a characteristically excellent book by Steve Weatherill, combining incisive legal analysis of an important policy field with an authoritative and up-to-date account of the underlying legal and constitutional framework. Grainne de Burca, European University Institute, Italy This new edition of Stephen Weatherills acclaimed book provides a comprehensive introduction to all facets of the EUs involvement in consumer law and policy. Consumers are expected to benefit from the EUs project of economic integration, enjoying wider choice and improved quality, and yet they need protection from the dangers that flow from malfunctioning and unfair markets. The EUs consumer law and policy is an attempt to have the best of both worlds a liberalised yet properly regulated trading space for Europe This highly esteemed book, now in a brand new edition, provides a comprehensive and up-to-date introduction to the subject, explaining the evolution of consumer law and policy in the EU in terms of both legislative and judicial activity. The book also situates EU consumer law and policy within its broader social, political and economic context, providing a window to a range of wider issues (and tensions) relating to Union regulatory strategies and their effect on the member states. It concludes with a newly written examination of the relationship between EU and national initiatives of market regulation symbiosis or disruption? A readable yet critically sound textbook, this fully updated edition will be indispensable for both postgraduate and undergraduate students of EU law. It will also appeal strongly to all academics, regulators and practising lawyers with an interest in EU trade law or indeed European law more generally.