Consumer Sales Guarantees In The European Union

Author : Aneta Wiewiórowska-Domagalska
Publisher : Walter de Gruyter
Page : 360 pages
File Size : 40,8 Mb
Release : 2012-10-30
Category : Law
ISBN : 9783866539686

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Consumer Sales Guarantees in the European Union by Aneta Wiewiórowska-Domagalska Pdf

Die Vorbereitungen laufen bereits viele Jahre, nun liegt er endlich vor: der Entwurf der Europäischen Kommission für ein Gemeinsames Europäisches Kaufrecht als Optionales Instrument. Beteiligte an den Vorarbeiten und wichtige Kritiker derselben setzen sich in diesem höchst empfehlenswerten Buch mit dem Kommissionsentwurf auseinander. Wie wird die Harmonisierung des europäischen Vertragsrechts durch den Entwurf vorangetrieben? Wie "schlägt" sich der Entwurf im Vergleich zum BGB, zum DCFR oder zu den Acquis-Principles? Beleuchtet werden insbesondere Irrtumsanfechtung, AGB-Kontrolle, allgemeines und besonderes Leistungsstörungsrecht beim Kauf und bei verbundenen Dienstleistungen sowie übergreifende Fragestellungen zum Verbraucherrecht. Der Band wird abgerundet durch eine Synopse des Kommissionsentwurfs und der vorangegangenen Machbarkeitsstudie, in der die Entwicklung des Textes deutlich wird.

Author : Geraint Howells,Christian Twigg-Flesner,Hans-W. Micklitz,Chen Lei
Publisher : Routledge
Page : 194 pages
File Size : 49,6 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 : Christian Twigg-Flesner
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 42,9 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 : Giovanni De Cristofaro,Alberto De Franceschi
Publisher : Unknown
Page : 0 pages
File Size : 51,6 Mb
Release : 2016
Category : Consumer contracts
ISBN : 1780683715

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Consumer Sales in Europe by Giovanni De Cristofaro,Alberto De Franceschi Pdf

"This book offers an...analysis of the new rules on consumer sales contracts in several EU member states after the implementation of Directive 2011/83/EU on consumer rights. The national reports...focus in particular on the scope of application of the implementing provisions of the Consumer Rights Directive and their interplay with the already existing rules on consumer contracts, as well as on the relationship between the national 'special' rules concerning consumer sales and the general domestic rules on sales contracts. Furthermore, each contribution looks ahead by weighing the next steps for the European Sales Law and its possible interaction with national regulation of consumer sales."--

Author : Christoph Jeloschek
Publisher : sellier. european law publ.
Page : 251 pages
File Size : 43,6 Mb
Release : 2006
Category : Consumer protection
ISBN : 9783935808880

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Examination and Notification Duties in Consumer Sales Law by Christoph Jeloschek Pdf

Is there a place for examination and notification duties in consumer sales law? According to Dutch law, there is. Other countries, such as England or Germany, oppose this view. It is therefore only fair to ask why the consumer should actually lose his rights in the event of lack of conformity of the goods if he has failed to lodge his complaint within a reasonable time. This book finds that functional arguments relating to such cut-off duties are not convincing. When introducing such duties into consumer sales law, one fails to look critically at the rationale that originated in the realm of commercial sales law. It therefore can be concluded that the answer to above question is necessarily a political one. As long as certain minimum requirements of consumer protection are not left out of consideration, there is nothing wrong with such a political choice that may well be different in different countries.

Author : Mateja Durovic
Publisher : Bloomsbury Publishing
Page : 235 pages
File Size : 43,9 Mb
Release : 2016-07-28
Category : Law
ISBN : 9781782258131

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European Law on Unfair Commercial Practices and Contract Law by Mateja Durovic Pdf

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.

Author : Bastiaan van Zelst
Publisher : Kluwer Law International B.V.
Page : 294 pages
File Size : 40,6 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127525

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The Politics of European Sales Law by Bastiaan van Zelst Pdf

"A legal-political inquiry into the drafting of the uniform commercial code, the Vienna Sales Convention, the Dutch civil code and the European consumer sales directive in the context of the Europeanization of contract law."--T.p.

Author : Marta Papis-Almansa
Publisher : Kluwer Law International B.V.
Page : 354 pages
File Size : 44,9 Mb
Release : 2016-11-30
Category : Law
ISBN : 9789041183613

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Insurance in European VAT by Marta Papis-Almansa Pdf

Insurance constitutes a significant part of the financial services sector and is one of the foundations of modern economy and society. In the design of tax laws, however, whether and how to tax insurance is a complex issue that has become particularly controversial in the area of value-added tax (VAT). In the European Union, as in most of the world, insurance is exempt from VAT, but New Zealand and Australia do not follow this practice. Given that New Zealand’s simple, comprehensive goods and services tax (GST) – called ‘the world’s purest value-added tax’ – and its modified Australian version do not appear to suffer from the shortcomings in efficiency and effectiveness that plague European VAT, a comparison of the two systems is in order. This book is not only the first comparative in-depth study of the treatment of insurance in the two systems, but also the first comprehensive legal research devoted to the treatment of insurance in EU VAT published in English. Among the underlying issues and topics treated by the two systems covered are the following: – who has a right to deduct input VAT in relation to supplies inherent in insurance arrangements and to what extent; – what constitutes a supply of insurance and consideration for such a supply; – what transactions fall within the scope of the VAT Directive’s exemption for insurance; and – drawing a line between insurance and saving. The analysis is grounded in a methodology in which concepts of European VAT are compared with concepts performing the same function in the Australian and New Zealand GST laws. The author concludes with proposals for reform in EU VAT in the light of experience in these two major non-EU countries. Given that it has been proven that exemptions from VAT (such as insurance) cause a significant number of economic distortions and inefficiencies, this study represents a major contribution to a topical debate in European VAT law. It will be welcomed by taxation authorities, interested policymakers, practitioners, and scholars not only in Europe but worldwide.

Author : Christian Twigg-Flesner
Publisher : Cambridge University Press
Page : 381 pages
File Size : 47,9 Mb
Release : 2010-05-20
Category : Law
ISBN : 9780521516174

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The Cambridge Companion to European Union Private Law by Christian Twigg-Flesner Pdf

A critical 2010 introduction to European Private Law, written by the leading scholars in the field.

Author : Klaus Mathis,Avishalom Tor
Publisher : Springer Nature
Page : 326 pages
File Size : 41,6 Mb
Release : 2020-08-31
Category : Law
ISBN : 9783030490287

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Consumer Law and Economics by Klaus Mathis,Avishalom Tor Pdf

This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.

Author : Hans Schulte-Nölke,Lubos Tichy
Publisher : Walter de Gruyter
Page : 190 pages
File Size : 47,7 Mb
Release : 2010-12-23
Category : Law
ISBN : 9783866538788

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Perspectives for European Consumer Law by Hans Schulte-Nölke,Lubos Tichy Pdf

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.

Author : Sepp Eisenriegler
Publisher : Springer Nature
Page : 238 pages
File Size : 41,9 Mb
Release : 2020-09-23
Category : Business & Economics
ISBN : 9783030502393

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The Circular Economy in the European Union by Sepp Eisenriegler Pdf

The implementation of the circular economy will entail a major transformation from a resource-destroying, linear economy to a circular one that operates within the planet’s regenerative boundaries. This book presents an interim assessment of the implementation of a circular economy in the EU. It reveals what achievements have been made in various EU institutions, but which are scarcely perceived by the public; which basic scientific principles can be applied in this context; and what NGOs are demanding beyond this progress. It provides convincing arguments for abandoning the “hamster wheel” of material-based satisfaction of our needs, and shows that the primacy of the economy stands in the way of a good life for all. Given its focus, it will appeal to everyone interested in an ecologically sustainable economic system.

Author : Esther van Schagen,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 231 pages
File Size : 54,8 Mb
Release : 2019-12-26
Category : Law
ISBN : 9781509928361

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Better Regulation in EU Contract Law by Esther van Schagen,Stephen Weatherill Pdf

This book is the first to provide a critical investigation of EU better regulation from the perspective of EU contract law. The Commission's 'New Deal for EU Consumers' is one of the first EU contract law initiatives to implement both the newly revised Better Regulation Guidelines and the newly introduced combined evaluation of multiple Directives in the form of a 'fitness check'. This offers an opportunity to explore difficulties and best practices at a national level, as demonstrated by experience with the EU's Unfair Terms Directive. Both the fitness check and the impact assessment accompanying the New Deal should facilitate critical reflection on the design of EU contract law. This book addresses key questions. Do impact assessments favour business interests at the expense of a high level of consumer protection? Is the evaluation of EU contract law and the analysis in impact assessments in line with scientific standards? Has the fitness check revealed difficulties and success stories with EU measures at national level, and thereby facilitated an in-depth scrutiny of the design of EU contract law? Ultimately, is the potential of better regulation being realised?

Author : Javier Plaza Penadés,Luz M. Martínez Velencoso
Publisher : Springer
Page : 311 pages
File Size : 44,5 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 : Economic and Social Committee of the European Communities
Publisher : Unknown
Page : 46 pages
File Size : 46,9 Mb
Release : 1997
Category : Consumer protection
ISBN : UOM:39015050505000

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Towards an EU Consumer Protection Policy by Economic and Social Committee of the European Communities Pdf