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.

The Harmonization of Civil and Commercial Law in Europe

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Publisher : Central European University Press
ISBN 13 : 6155053820
Total Pages : 572 pages
Book Rating : 4.1/5 (55 download)

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Book Synopsis The Harmonization of Civil and Commercial Law in Europe by : Gian Antonio Benacchio

Download or read book The Harmonization of Civil and Commercial Law in Europe written by Gian Antonio Benacchio and published by Central European University Press. This book was released on 2005-10-10 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration.Engaged in timely and cutting edge research, the authors cast into fine relief the building of a European Common Law. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. In particular, this book seeks to orient lawmakers, as well as those individuals interested in EU law, in the intricacies of consumer protection, contractual law, timesharing, and other important aspects in the harmonization of domestic and EU law books. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.

Italian Banking and Financial Law: Regulating Activities

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Publisher : Springer
ISBN 13 : 1137507594
Total Pages : 227 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis Italian Banking and Financial Law: Regulating Activities by : D. Siclari

Download or read book Italian Banking and Financial Law: Regulating Activities written by D. Siclari and published by Springer. This book was released on 2016-01-12 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Italian banks and financial intermediaries are subject to extensive regulation which has evolved throughout the country's history. There has also been much change to the country's financial regulation in recent years in response to the globalization of markets and intermediaries. The Italian administrative and regulatory system is often perceived as a major obstacle to economic productivity, and some causes of this ineffectiveness are deeply rooted and date back to the Italian unification and juridical culture. This book provides an overview of the Italian regulation of banking and financial activities, and tracks the evolution of its 'economic Constitution' and market trends. It explores a range of topics within Italian regulation, including the regulation of banking activities, investment services and collective portfolio management. It examines in detail the relationship between intermediaries and customers, public offerings of financial instruments and products, public takeover bids, listed companies, insurance and reinsurance business. Among other current topics the authors discuss the link between investor protection and confidence in the financial markets; and assess the financial markets as a source of financing for companies.

Directive "clauses Abusives" Cinq Ans Après : Évaluation Et Perspectives Pour L'avenir

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Publisher :
ISBN 13 :
Total Pages : 338 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Directive "clauses Abusives" Cinq Ans Après : Évaluation Et Perspectives Pour L'avenir by : European Commission. Directorate-General for Health and Consumer Protection

Download or read book Directive "clauses Abusives" Cinq Ans Après : Évaluation Et Perspectives Pour L'avenir written by European Commission. Directorate-General for Health and Consumer Protection and published by . This book was released on 2000 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Mistake, Fraud and Duties to Inform in European Contract Law

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Publisher : Cambridge University Press
ISBN 13 : 1139442961
Total Pages : 462 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Mistake, Fraud and Duties to Inform in European Contract Law by : Ruth Sefton-Green

Download or read book Mistake, Fraud and Duties to Inform in European Contract Law written by Ruth Sefton-Green and published by Cambridge University Press. This book was released on 2005-02-10 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 examination of twelve case studies about mistake, fraud and duties to inform reveals significant differences about how contract law works in thirteen European legal systems and, despite the fact that the solutions proposed are often similar, what divergent values underlie the legal rules. Whereas some jurisdictions recognise increasing duties to inform in numerous contracts so that the destiny of mistake and fraud (classical defects of consent) may appear to be uncertain, other jurisdictions continue to refuse such duties as a general rule or fail to recognise the need to protect one of the parties where there is an imbalance in bargaining power or information. Avoiding preconceptions as to where and why these differences exist, this book first examines the historical origins and development of defects of consent, then considers the issues from a comparative and critical standpoint.

Contract Law in Italy

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403527013
Total Pages : 236 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Contract Law in Italy by : Pier Giuseppe Monateri

Download or read book Contract Law in Italy written by Pier Giuseppe Monateri and published by Kluwer Law International B.V.. This book was released on 2021-01-22 with total page 236 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 contracts in Italy covers every aspect of the subject - definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. 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. 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 business and legal professionals alike. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Principles of European Insurance Contract Law (PEICL)

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Publisher : sellier. european law publ.
ISBN 13 : 3866530692
Total Pages : 737 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Principles of European Insurance Contract Law (PEICL) by : Project Group Restatement of European Insurance Contract Law

Download or read book Principles of European Insurance Contract Law (PEICL) written by Project Group Restatement of European Insurance Contract Law and published by sellier. european law publ.. This book was released on 2009 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.

Transparency in Insurance Contract Law

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Publisher : Springer Nature
ISBN 13 : 3030311988
Total Pages : 714 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Transparency in Insurance Contract Law by : Pierpaolo Marano

Download or read book Transparency in Insurance Contract Law written by Pierpaolo Marano and published by Springer Nature. This book was released on 2020-03-11 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.

Vagueness in Normative Texts

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Publisher : Peter Lang
ISBN 13 : 9783039106530
Total Pages : 484 pages
Book Rating : 4.1/5 (65 download)

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Book Synopsis Vagueness in Normative Texts by : Vijay K. Bhatia

Download or read book Vagueness in Normative Texts written by Vijay K. Bhatia and published by Peter Lang. This book was released on 2005 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Normative texts are meant to be highly impersonal and decontextualised, yet at the same time they also deal with a range of human behaviour that is difficult to predict, which means they have to have a very high degree of determinacy on the one hand, and all-inclusiveness on the other. This poses a dilemma for the writer and interpreter of normative texts. The author of such texts must be determinate and vague at the same time, depending upon to what extent he or she can predict every conceivable contingency that may arise in the application of what he or she writes. The papers in this volume discuss important legal and linguistic aspects relating to the use of vagueness in legal drafting and demonstrate why such aspects are critical to our understanding of the way normative texts function.

Antitrust and the Bounds of Power – 25 Years On

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Publisher : Bloomsbury Publishing
ISBN 13 : 150996214X
Total Pages : 249 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Antitrust and the Bounds of Power – 25 Years On by : Oles Andriychuk

Download or read book Antitrust and the Bounds of Power – 25 Years On written by Oles Andriychuk and published by Bloomsbury Publishing. This book was released on 2023-01-26 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays addresses the transformations ongoing in the field of competition law by analysing current developments through the prism of Giuliano Amato's Antitrust and the Bounds of Power – thereby building an intellectual bridge between past and present. Giuliano Amato's book, Antitrust and the Bounds of Power: The Dilemma of Liberal Democracy in the History of the Market was published by Hart in 1997. It has predicted, articulated, and explained many of the changes that have taken place in competition law in the last 25 years, and it is referred to by generations of competition lawyers as a key theoretical work. There are many mutually invigorating reasons and explanations for the paradigmatic transformations that have occurred in competition law, economics, and policy since the 1990s. Some are triggered by the internal evolution of competition law; others are determined by the broader societal context. In this book, leading competition law thinkers reflect on these metamorphoses; they explore the state of affairs in the field, connecting it with and advancing their analyses through the ideas developed by Giuliano Amato in his ground-breaking book. With an afterword by Giuliano Amato and a foreword by Frédéric Jenny, this book is essential reading for anyone interested in the evolution of competition law.

Reports of Cases Before the Court of Justice and the Court of First Instance

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Publisher :
ISBN 13 :
Total Pages : 618 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Reports of Cases Before the Court of Justice and the Court of First Instance by : Court of Justice of the European Communities

Download or read book Reports of Cases Before the Court of Justice and the Court of First Instance written by Court of Justice of the European Communities and published by . This book was released on 2002 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt:

I servizi di pubblica utilità alla persona

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Publisher : FrancoAngeli
ISBN 13 : 9788846423344
Total Pages : 308 pages
Book Rating : 4.4/5 (233 download)

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Book Synopsis I servizi di pubblica utilità alla persona by : Crisp

Download or read book I servizi di pubblica utilità alla persona written by Crisp and published by FrancoAngeli. This book was released on 2000 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reports of Cases Before the Court of Justice and the Court of First Instance

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Publisher :
ISBN 13 :
Total Pages : 622 pages
Book Rating : 4.:/5 (8 download)

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Book Synopsis Reports of Cases Before the Court of Justice and the Court of First Instance by :

Download or read book Reports of Cases Before the Court of Justice and the Court of First Instance written by and published by . This book was released on 2002 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Clausole vessatorie e abusive

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Publisher : Giuffre
ISBN 13 : 9788814062902
Total Pages : 390 pages
Book Rating : 4.0/5 (629 download)

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Book Synopsis Clausole vessatorie e abusive by : Ugo Ruffolo

Download or read book Clausole vessatorie e abusive written by Ugo Ruffolo and published by Giuffre. This book was released on 1997-01-01 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Politics of the Draft Common Frame of Reference

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Publisher : Kluwer Law International B.V.
ISBN 13 : 904114482X
Total Pages : 248 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Politics of the Draft Common Frame of Reference by : Alessandro Somma

Download or read book The Politics of the Draft Common Frame of Reference written by Alessandro Somma and published by Kluwer Law International B.V.. This book was released on 2009-06-22 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays reflects both the diversity of the group’s work and the common thread that runs through it. The core claim here is that the DCFR, despite the Commission’s characterization of its proposals as purely technical, cannot escape politics. The intent is to critically identify and evaluate the model of social justice underlying the DCFR.

Revue de Droit Uniforme

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Publisher :
ISBN 13 :
Total Pages : 988 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Revue de Droit Uniforme by :

Download or read book Revue de Droit Uniforme written by and published by . This book was released on 1998 with total page 988 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reports of Cases Before the Court

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Publisher :
ISBN 13 :
Total Pages : 610 pages
Book Rating : 4.X/5 (4 download)

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Book Synopsis Reports of Cases Before the Court by : Court of Justice of the European Communities

Download or read book Reports of Cases Before the Court written by Court of Justice of the European Communities and published by . This book was released on with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: