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Author : Commission of the European Communities
Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.3/5 (21 download)
Download or read book Unfair Terms in Contracts Concluded with Consumers written by Commission of the European Communities and published by . This book was released on 1984 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher : Nordic Council of Ministers
ISBN 13 : 9788773035870
Total Pages : 180 pages
Book Rating : 4.0/5 (358 download)
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.
Author : Gardiner, Caterina
Publisher : Edward Elgar Publishing
ISBN 13 : 1800886179
Total Pages : 240 pages
Book Rating : 4.8/5 (8 download)
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.
Author :
Publisher :
ISBN 13 : 9789282551141
Total Pages : 15 pages
Book Rating : 4.5/5 (511 download)
Download or read book Unfair Terms in Contracts Concluded with Consumers written by and published by . This book was released on 1984 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ana-Maria Lucia Zaharia
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Unfair Terms in Consumer Contracts written by Ana-Maria Lucia Zaharia and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to realize an effective and real protection, the authorities on protection of consumers and the non-profit associations implied, have an essential role in popularizing the rights enjoyed by this category and in informing about types of abusive clauses that can appear in contracts concluded by consumers. Also, the national judge is a guaranty for respecting consumer's rights, by the means available, namely by the possibility to put into discussion the abusive nature of the clause, by declaring the clause null and void. Finally, also the costumer has to be aware of his rights and have to dare to challenge the irregularities inserted in the contract. The cooperation of these factors, can lead to the establishment of a state of normalcy and respect for legality in this domain.
Author : Paolisa Nebbia
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313485
Total Pages : 246 pages
Book Rating : 4.8/5 (473 download)
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.
Author : Chris Willett
Publisher : Routledge
ISBN 13 : 1351937391
Total Pages : 465 pages
Book Rating : 4.3/5 (519 download)
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.
Author : Commission of the European Communities
Publisher :
ISBN 13 :
Total Pages : 15 pages
Book Rating : 4.:/5 (14 download)
Download or read book Unfair Terms in Contracts Concluded with Consumers 1/84 written by Commission of the European Communities and published by . This book was released on 1984 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Geraint G. Howells
Publisher : sellier. european law publ.
ISBN 13 : 386653082X
Total Pages : 333 pages
Book Rating : 4.8/5 (665 download)
Download or read book Modernising and Harmonising Consumer Contract Law written by Geraint G. Howells and published by sellier. european law publ.. This book was released on 2009 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: In October 2008, the European Commission published the Proposal for a Consumer Rights Directive - a proposal that suggests far-reaching changes to the core of consumer contract law. Four current directives are replaced by a new overarching piece of legislation. In doing so, full harmonization should, for the most part, take the place of the minimum standard presently in force in the EU. Although a welcomed 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, legal practices, and the civil service - met at Manchester University to address the issues raised by the Proposal and to address the question of the extent to which the Proposal can indeed contribute to the modernization and harmonization of European consumer contract law. This book contains the proceedings of the conference, and includes papers that analyze, criticize, and suggest improvements for the Proposal.
Author : James P. Nehf
Publisher :
ISBN 13 :
Total Pages : 15 pages
Book Rating : 4.:/5 (129 download)
Download or read book Regulation of Unfair Terms in Consumer Contracts--An American Perspective written by James P. Nehf and published by . This book was released on 2020 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the typical merchant-consumer transaction, standard terms are of course the norm. Consumer transactions are documented by contracts of adhesion where most, if not all, of the terms are drafted by the merchant and are not negotiable. Even if they were negotiable, the vast majority of consumers will either not be aware of this possibility or, quite reasonably, will conclude that they cannot bargain effectively over terms either because they do not understand their legal import or they cannot envision alternatives that would better serve their interests. Sometimes those standard terms are so one-sided in favor of the merchant that they inflict unfair hardship on the unknowing consumer. In the United States, there is no omnibus law on unfair contract terms that applies uniformly throughout the country. Regulation of unfair terms is addressed piecemeal, with limited protection in certain sectors at the federal level and most of the regulatory norms imposed by the individual states. Those norms can take statutory or common law form, and while they can vary widely from state to state, there are some parallel themes.
Author : Great Britain. Cabinet Office
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (592 download)
Download or read book On Unfair Terms in Contracts Concluded with Consumers written by Great Britain. Cabinet Office and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hans Schulte-Nölke
Publisher : Walter de Gruyter
ISBN 13 : 3866537247
Total Pages : 556 pages
Book Rating : 4.8/5 (665 download)
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.
Author : Hans Schulte-Nölke
Publisher : Walter de Gruyter
ISBN 13 : 3866538782
Total Pages : 190 pages
Book Rating : 4.8/5 (665 download)
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.
Download or read book Unfair Terms in Contracts Concluded with Consumers Bulletin of the E.C. - Supplement 1/84 written by and published by . This book was released on 19?? with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Elizabeth MacDonald
Publisher : Bloomsbury Professional
ISBN 13 : 9781845920678
Total Pages : 0 pages
Book Rating : 4.9/5 (26 download)
Download or read book Exemption Clauses and Unfair Terms written by Elizabeth MacDonald and published by Bloomsbury Professional. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth, comprehensive, and totally updated guide to the legal issues relating to common exemption clauses, and the Unfair Terms in Consumer Contracts Regulations 1999. The expert analysis covers both the incorporation and construction of the key clauses, the relevant legislation, plus the recent Law Commissions' proposal for a single piece of unfair terms legislation. This indispensable information is presented in a clear and practical fashion enabling practitioners to quickly access the vital guidance and knowledge, and advise with certainty.
Author : Council of Europe. Committee of Ministers
Publisher :
ISBN 13 :
Total Pages : 36 pages
Book Rating : 4.X/5 (3 download)
Download or read book Unfair Terms in Consumer Contracts and an Appropriate Method of Control written by Council of Europe. Committee of Ministers and published by . This book was released on 1977 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hanneke A. Luth
Publisher :
ISBN 13 :
Total Pages : 21 pages
Book Rating : 4.:/5 (129 download)
Download or read book Extending the Scope of the Unfair Terms Discipline in Consumer Contracts - An Economic and Behavioural Perspective written by Hanneke A. Luth and published by . This book was released on 2008 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent policy discussions, a need is expressed for more substantive control over terms in consumer contracts. This paper comments on one example of this expressed need, namely the suggestion to extend the scope of the fairness test to cover price and main subject matter and the discipline of unfair terms to also cover negotiated terms. This suggestion is brought forward in the Green Paper on the Review of the Consumer Acquis. Consumer protection will be viewed from a law and economics approach and discussed using insights that behavioural law and economics has added to the discussion. Standard terms are analysed more in detail, as the concept within consumer contracts that make policy makers most uneasy due to the standardisation aspect, the take-it-or-leave-it nature of the contract, and the signing-without-reading problem.It will be concluded that while implementing the suggestions from the Green Paper are undesirable. Not only is extending the scope of the Unfair Terms doctrine a too general instrument for the problems addressed; the extension will also generate adverse effects connected to consumer moral hazard, the incentive to thoroughly assess the consequences of one's actions and decisions to prevent error and the decline in available options to consumers. Even so, market failures and behavioural biases might prevent the formation of efficient consumer standard terms. Additional government intervention could be warranted from an efficiency point of view to more effectively and efficiently influence the substance of terms in consumer contracts. Policy makers might want to assess options beyond regulation, such as stimulating negotiations between business and consumer interest groups to provide default standard forms. These forms could provide an anchor for negotiated terms between business and consumers, having a welfare-enhancing effect with respect to negotiated terms as well.
