Comparative Consumer Sales Law

Author : Geraint Howells,Christian Twigg-Flesner,Hans-W. Micklitz,Chen Lei
Publisher : Routledge
Page : 194 pages
File Size : 42,9 Mb
Release : 2017-12-06
Category : Law
ISBN : 9781317163176

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Comparative Consumer Sales Law by Geraint Howells,Christian Twigg-Flesner,Hans-W. Micklitz,Chen Lei Pdf

For many years, legislators around the world have responded to the particular needs of consumers by introducing dedicated rules for consumer sales contracts. In the European Union, a significant push came through the adoption of the Consumer Sales Directive (99/44/EC). Elsewhere in the world, legislation focusing on consumer sales contracts has been introduced, for example in New Zealand and Australia. This book offers a snapshot of the current state of consumer sales law in a range of jurisdictions around the globe. It provides both an overview of the law in selected jurisdictions and compares the application of these rules in the context of two case scenarios.

Author : McGill University. Institute of Foreign and Comparative Law
Publisher : McGill University ; Dobbs Ferry, N.Y. : Oceana Publications
Page : 500 pages
File Size : 43,9 Mb
Release : 1969
Category : Commercial law
ISBN : STANFORD:36105044204761

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Aspects of Comparative Commercial Law: Sales, Consumer Credit, and Secured Transactions by McGill University. Institute of Foreign and Comparative Law Pdf

Author : Sanne Jansen
Publisher : Unknown
Page : 191 pages
File Size : 54,7 Mb
Release : 2018
Category : Remedies (Law)
ISBN : 1780687621

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Consumer Sales Remedies in US and EU Comparative Perspective by Sanne Jansen Pdf

This book is an in-depth study of the US and EU approaches towards consumer sales remedies. It does not limit itself to a mere comparison of the hierarchy of consumer sales remedies but covers the topic comprehensively, also examining (extra)judicial application of remedies and notification duties. Whereas EU rules prescribe a very strict hierarchy of remedies that are often misunderstood by consumers, and are very favourable towards the remedy of specific performance (or performance in kind), in the US a strong preference for damages can be found. This means that consumers often do not know which remedy they are exactly entitled to or how to invoke it in a correct manner. Learning from both systems, Consumer Sales Remedies in US and EU Comparative Perspective provides a valuable and insightful contribution to the discussion of what the organisation of remedies should look like to best protect consumers. It is written at a time when the EU is considering a 'new' consumer sales Directive, and US scholars are working on the restatement of consumer contract law. It proposes to give consumers a free choice, limited by good faith and proportionality only. Dr Sanne Jansen is a judicial trainee in Antwerp, Belgium and research fellow at the Institute for the Law of Obligations at KU Leuven, Belgium. She is a member of the editorial board of the DCCR and TBH.

Author : Cătălina Goanța
Publisher : Unknown
Page : 401 pages
File Size : 54,8 Mb
Release : 2014
Category : Consumer protection
ISBN : 1780685165

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Convergence in European Consumer Sales Law by Cătălina Goanța Pdf

Author : Hans-W. Micklitz,Geneviève Saumier
Publisher : Springer
Page : 717 pages
File Size : 49,8 Mb
Release : 2018-07-06
Category : Law
ISBN : 9783319784311

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Enforcement and Effectiveness of Consumer Law by Hans-W. Micklitz,Geneviève Saumier Pdf

The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.

Author : E. H. Hondius
Publisher : sellier. european law publ.
Page : 526 pages
File Size : 50,7 Mb
Release : 2008
Category : Contracts for work and labor
ISBN : 9783935808613

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Sales by E. H. Hondius Pdf

The sales contact has served as the paradigm for contracts in general. Moreover, it is also probably the most common contract, and certainly the most common consumer contract that there is. Furthermore, there are many mixed transactions that contain a certain element of sale, such as distribution contracts or all sorts or manufacturing contracts. This book presents the rules regarding sales contracts under European law. The principles examined here start from the idea of a uniform regime for all kind of sales transactions. Moreover, these principles aim to meet the needs of international and national commerce alike and attempt to create a truly uniform sales law, bridging the differentiation into different settings, different parties to the contract, and different object of sales. However, when deemed necessary, certain provisions are declared mandatory in consumer sales in order to protect the weaker party in the transaction involved. To that end, a balance is struck between the two major international instruments in this area, the CISG (Contracts for the International Sale of Goods) and the Consumer Sales Directive. Moreover, during the drafting process, comparative material from over 20 different EU Member States has been taken into account. The work is not only a presentation of a future model for European rules to come, but also provides a fairly detailed indication of the present legal situation in the Member States.

Author : Christian Twigg-Flesner
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 54,5 Mb
Release : 2016-09-30
Category : Law
ISBN : 9781782547372

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Research Handbook on EU Consumer and Contract Law by Christian Twigg-Flesner Pdf

Research Handbook on EU Consumer and Contract Law takes 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. The Handbook is divided into three parts:

Author : Javier Plaza Penadés,Luz M. Martínez Velencoso
Publisher : Springer
Page : 311 pages
File Size : 48,5 Mb
Release : 2014-11-04
Category : Law
ISBN : 9783319104973

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European Perspectives on the Common European Sales Law by Javier Plaza Penadés,Luz M. Martínez Velencoso Pdf

This book presents a complete and coherent view of the subject of Common European Sales Law from a range of European perspectives. The book offers a comparison of the CESL with the CISG, as well as pre-existing instruments, including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL). It analyses the process of enactment of CESL and its scope of application, covering areas such as the sale of goods, the supplying (licensing) of digital content, the supply of trade-related services, and consumer protection. It examines the design of the CESL bifurcating businesses into large and small-to-medium sized enterprises, and the providing of rules covering digital content and the supply of trade-related services. Lastly, it studies the field of application of the CESL combined with the already existing EU consumer protection laws, as well as nation-specific laws.​

Author : Geraint G. Howells
Publisher : Aldershot, England : Dartmouth
Page : 360 pages
File Size : 43,8 Mb
Release : 1993
Category : Law
ISBN : STANFORD:36105060055394

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Comparative Product Liability by Geraint G. Howells Pdf

This book provides a grounding in the principles of product liability and examines how they have been tackled by different legal systems. In particular the author looks at European developments against the background of, for example, the United States, where the concern to protect consumers of defective products has led to something of a products liability crisis - large damage awards plus strict liability have meant that it is difficult for some industries to obtain insurance - and New Zealand, where a no fault compensation scheme operates. The book provides an understanding of the process by which European laws are harmonized, by analyzing the European Directive on Product Liability - and assesses how effective the measures taken have been in the European Community and elsewhere.

Author : Mary Keyes,Therese Wilson
Publisher : Routledge
Page : 251 pages
File Size : 50,7 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317164821

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Codifying Contract Law by Mary Keyes,Therese Wilson Pdf

Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.

Author : Gerhard Dannemann,Stefan Vogenauer
Publisher : Oxford University Press
Page : 858 pages
File Size : 51,6 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780199678907

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The Common European Sales Law in Context by Gerhard Dannemann,Stefan Vogenauer Pdf

The recently proposed Common European Sales Law is intended to overcome differences between national contract laws. 19 chapters, co-authored by British and German scholars, investigate for the first time how the projected CESL would interact with various aspects of English and German law.

Author : Ingeborg Schwenzer,Pascal Hachem,Christopher Kee
Publisher : OUP Oxford
Page : 1072 pages
File Size : 50,9 Mb
Release : 2012-01-26
Category : Law
ISBN : 9780191631054

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Global Sales and Contract Law by Ingeborg Schwenzer,Pascal Hachem,Christopher Kee Pdf

Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools. This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. The book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.

Author : Martin Ebers,André Janssen,Olaf Meyer
Publisher : Walter de Gruyter
Page : 615 pages
File Size : 45,6 Mb
Release : 2009-10-16
Category : Law
ISBN : 9783866538627

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European Perspectives on Producers' Liability by Martin Ebers,André Janssen,Olaf Meyer Pdf

A growing number of countries recognise a direct producers' liability for non-conforming goods. The European Commission has considered the introduction of an EU-wide direct producers' liability for a long time. Will there be new responsibilities for producers in the future? This book compiles national reports from 24 European countries on the sale of goods law as well as the consumer's remedies for non-conforming goods and the final seller's right of redress. A comparative report informs about the different models of producers' liability and their impact on the internal market. Beneficial for practitioners working in the field of consumer contract law and sale of goods law.

Author : John Keith Macleod
Publisher : MICHIE
Page : 842 pages
File Size : 53,8 Mb
Release : 1989
Category : Consumer protection
ISBN : 0406503885

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Consumer Sales Law by John Keith Macleod Pdf

This work sets out to cover fully the supply of goods against the legal background of a widening choice of financing arrangements and growing consumer protection. It covers a wide range of topics and seeks to demonstrate their inter-action in practice.

Author : John Keith Macleod
Publisher : Unknown
Page : 900 pages
File Size : 41,6 Mb
Release : 2002
Category : Consumer protection
ISBN : 6610166544

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Consumer Sales Law by John Keith Macleod Pdf