Ec Consumer Law Compendium

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EC Consumer Law Compendium

Author : Hans Schulte-Nölke,Christian Twigg-Flesner,Martin Ebers
Publisher : Walter de Gruyter
Page : 556 pages
File Size : 51,8 Mb
Release : 2009-04-27
Category : Law
ISBN : 9783866537248

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EC Consumer Law Compendium by Hans Schulte-Nölke,Christian Twigg-Flesner,Martin Ebers Pdf

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.

Modernising and Harmonising Consumer Contract Law

Author : Geraint Howells,Reiner Schulze
Publisher : sellier. european law publ.
Page : 333 pages
File Size : 54,6 Mb
Release : 2009-04-27
Category : Law
ISBN : 9783866538603

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Modernising and Harmonising Consumer Contract Law by Geraint Howells,Reiner Schulze Pdf

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.

EC Consumer Law

Author : Geraint G. Howells,Thomas Wilhelmsson
Publisher : Taylor & Francis
Page : 472 pages
File Size : 51,7 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351942058

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EC Consumer Law by Geraint G. Howells,Thomas Wilhelmsson Pdf

This book will describe the development of European Community consumer law and seek to determine to what extent action by the European Community has promoted the interest of consumer protection. In doing so it will consider important areas relating to protection of the consumers economic interests and physical safety, as well as questions of access to justice. In addition to assessing the success of community consumer policy the authors will also put forward suggestions for ways in which consumer protection can be enhanced at the community level.

Information Obligations and Disinformation of Consumers

Author : Gert Straetmans
Publisher : Springer
Page : 561 pages
File Size : 42,7 Mb
Release : 2019-09-20
Category : Law
ISBN : 3030180530

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Information Obligations and Disinformation of Consumers by Gert Straetmans Pdf

This book focuses on recent developments in consumer law, specifically addressing mandatory disclosures and the topical problem of information overload. It provides a comparative analysis based on national reports from countries with common law and civil law traditions in Asia, America and Europe, and presents the reports in the form of chapters that have been drafted on the basis of a questionnaire, and which use the same structure as the questionnaire to allow them to be easily compared. The book starts with an analysis of the basic assumptions underlying the current consumer protection models and examines whether and how consumer models adapt to the new market conditions. The second part addresses the information obligations themselves, first highlighting the differences in the reported countries before narrowing the analysis down to countries with a general pre-contractual information duty, particularly the transparency requirements that often come with such a duty. The next part examines recent developments in the law on food labelling, commercial practices and unfair contract terms in order to identify whether similar traits can be found in European and non-European jurisdictions. The fourth part of the book focuses on specific information obligations in the financial services and e-commerce sectors, discussing the fact that legislators are experimenting with different forms of summary disclosures in these sectors. The final part provides a critical appraisal of the recent developments in consumer information obligations, addressing the question of whether the multiple criticisms from behavioural sciences necessitate abandonment or refinement of current consumer information models in favour of new, more adequate forms of consumer protection, and providing suggestions.

The Constitutional Foundations of European Contract Law

Author : Kathleen Gutman
Publisher : OUP Oxford
Page : 500 pages
File Size : 43,5 Mb
Release : 2014-12-18
Category : Law
ISBN : 9780191025488

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The Constitutional Foundations of European Contract Law by Kathleen Gutman Pdf

Situated within the context of the ongoing debate about European contract law, this book provides a detailed examination of the European Union's competence in the field of contract law. It analyses the limits of Union competence in relation to several relevant Treaty provisions which potentially confer competence on the Union to adopt a comprehensive contract law instrument and the exercise of Union competence in connection with the operation of the principles of subsidiarity, proportionality and sincere cooperation. It also explores the viability of several alternative and complementary routes to the adoption of such an instrument, including enhanced cooperation, an intergovernmental treaty and certain American techniques. Setting forth an elaborate account of the context for this debate and its chronological development at the European level, this book charts the discussions relating to the European Union's competence to regulate contract law and offers a comparative analysis of the approach taken to the approximation of contract law in the American setting. Setting forth a detailed account of the context for this debate and its chronological development at the European level, the book charts the discussions that have occurred within and outside the EU relating to the transnational competence to regulate contract law. Situating European constitutional law within the continued debate about European contract law, it also reflects upon the contract law structure of the United States and examines the viability of alternative and complementary routes to the adoption of a comprehensive instrument of substantive contract law.

Principles, Definitions and Model Rules of European Private Law

Author : Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Publisher : sellier. european law publ.
Page : 406 pages
File Size : 48,8 Mb
Release : 2008
Category : Civil law
ISBN : 9783866530591

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Principles, Definitions and Model Rules of European Private Law by Study Group on a European Civil Code,Research Group on the Existing EC Private Law Pdf

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

A Cross-Border-Only Regulation for Consumer Transactions in the EU

Author : Christian Twigg-Flesner
Publisher : Springer Science & Business Media
Page : 76 pages
File Size : 45,7 Mb
Release : 2011-11-16
Category : Law
ISBN : 1461420474

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A Cross-Border-Only Regulation for Consumer Transactions in the EU by Christian Twigg-Flesner Pdf

For almost three decades, the European Union (EU) has adopted measures to regulate consumer transactions within the internal market created by the EU Treaties. Existing legislation is largely based on directives harmonizing aspects of national consumer laws. This Brief argues that a more appropriate approach for EU consumer law would be legislation in the form of a regulation which is applicable to cross-border transactions only. The author considers the constitutional constraints of the EU Treaties, before examining the case for a cross-border-only measure. He argues that the cross-border approach is preferable, because it would provide clearer benefits for consumers seeking to buy goods and services across borders, while not upsetting domestic law unnecessarily—in particular in the context of e-commerce, with implications for industry, policymaking, and regional development. The Brief concludes by suggesting that a successful EU measure on cross-border consumer transactions could create a template for global initiatives for transnational consumer law.

Modernising and Harmonising Consumer Contract Law

Author : Geraint G. Howells,Reiner Schulze
Publisher : sellier. european law publ.
Page : 333 pages
File Size : 51,6 Mb
Release : 2009
Category : Aftaleret
ISBN : 9783866530829

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Modernising and Harmonising Consumer Contract Law by Geraint G. Howells,Reiner Schulze Pdf

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.

European Consumer Access to Justice Revisited

Author : Stefan Wrbka
Publisher : Cambridge University Press
Page : 419 pages
File Size : 48,7 Mb
Release : 2014-11-20
Category : Law
ISBN : 9781107072374

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European Consumer Access to Justice Revisited by Stefan Wrbka Pdf

This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?

Research Handbook on EU Consumer and Contract Law

Author : Christian Twigg-Flesner
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 45,6 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:

Rethinking EU Consumer Law

Author : Geraint Howells,Christian Twigg-Flesner,Thomas Wilhelmsson
Publisher : Routledge
Page : 350 pages
File Size : 44,9 Mb
Release : 2017-07-28
Category : Law
ISBN : 9781351675321

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Rethinking EU Consumer Law by Geraint Howells,Christian Twigg-Flesner,Thomas Wilhelmsson Pdf

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.

Smart Contracts

Author : Marcelo Corrales Compagnucci,Mark Fenwick,Stefan Wrbka
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 51,7 Mb
Release : 2021-05-06
Category : Law
ISBN : 9781509937035

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Smart Contracts by Marcelo Corrales Compagnucci,Mark Fenwick,Stefan Wrbka Pdf

This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the 'observability' and reduce the costs of verifying contractual obligations and performance. It also outlines various 'design patterns' that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements. Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skills required. The case for using smart contracts goes beyond 'contracts' narrowly defined, and they are increasingly used to disrupt traditional models of business organisation. The book discusses so-called decentralised autonomous organisations and decentralised finance as illustrations of this trend. This book is designed for those interested in looking to deepen their understanding of this game-changing new legal technology.

European Consumer Protection

Author : James Devenney,Mel Kenny
Publisher : Cambridge University Press
Page : 475 pages
File Size : 44,7 Mb
Release : 2012-04-05
Category : Law
ISBN : 9781107013018

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European Consumer Protection by James Devenney,Mel Kenny Pdf

This topical volume provides detailed analyses of European consumer protection law in both its theoretical and practical dimensions. Part I casts a critical light over consumer protection strategies and mechanisms in the EU, Part II critically explores responses to vulnerability and Part III contextualises aspects of European consumer protection law.

EU Consumer Law and Human Rights

Author : Iris Benohr
Publisher : Oxford University Press
Page : 274 pages
File Size : 55,9 Mb
Release : 2013-10
Category : Law
ISBN : 9780199651979

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EU Consumer Law and Human Rights by Iris Benohr Pdf

Exploring the relationship between fundamental rights and consumer law in the EU, this book provides the first comprehensive analysis of the joint implications of the Lisbon Treaty and the Charter of Fundamental Rights. It examines the potential tensions that may emerge between consumer protection objectives and economic, market-oriented goals.

The Emergence of EU Contract Law

Author : Lucinda Miller
Publisher : OUP Oxford
Page : 280 pages
File Size : 51,9 Mb
Release : 2011-09-22
Category : Law
ISBN : 9780191018459

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The Emergence of EU Contract Law by Lucinda Miller Pdf

The emergence of a pan-European contract law is one of the most significant legal developments in Europe today. The Emergence of EU Contract Law: Exploring Europeanization examines the origins of the discipline and its subsequent evolution. It brings the discussion up-to-date with full analysis of the debate on the Common Frame of Reference and the future that this ambiguous instrument may have in the contemporary European legal framework. One of the central themes of the book is exploration of the multi-level, open architecture of the EU legal order, and the implications of that architecture for the EU's private law programme. The analysis demonstrates that the key to understanding European contract law in the 21st century lies in adopting a perspective and mechanisms suitable for a legal order populated by multiple sources of private law. Legal pluralism is offered as a theoretical construct with the capacity to shape the future of European private law, shifting the analytical spotlight beyond the traditional, centralized, legislative means of regulation. In so doing, softer mechanisms are introduced for the governance of contract law; mechanisms that enable coordination between the different sites at which contract law operates. This reorientation in thinking about European contract law, indeed about Europeanization itself, enables the inevitable diversity and pluralism that is a feature of multi-level Europe to be captured within a framework that maximizes the opportunities for mutual learning and exchange across private law sites.