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The Common European Sales Law - Have the Right Choices Been Made? A Consumer Policy Perspective

2012
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Release : 2012
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Book Synopsis The Common European Sales Law - Have the Right Choices Been Made? A Consumer Policy Perspective by : Ursula Pachl

Download or read book The Common European Sales Law - Have the Right Choices Been Made? A Consumer Policy Perspective written by Ursula Pachl. This book was released on 2012. Available in PDF, EPUB and Kindle. Book excerpt: From a broader policy point of view, introducing an optional regulatory tool with the aim of replacing national consumer law (itself based on EU legislation), even if only for cross-border contracts at first puts the entire raison d'être of the consumer law acquis into question. The harmonisation of EU consumer law has been one of the most successful flagships of European integration and has delivered tangible benefits and modern rights to consumers. Changing this regulatory policy by way of an experimental new tool which bears very clear and serious risks for consumers is undesirable. One of the many negative consequences of any such new policy approach is already apparent in relation to consumer contract rules for digital content products. As shown in point IV above, clarifying, updating and completing the existing acquis in order to provide solid rights for all European consumers in this area is both urgent and necessary. Yet the European Commission does not intend to put forward any “traditional” non-optional legislative initiative besides the proposed CESL. It gives the impression to trust business will step in by applying the optional instrument to provide for the necessary protection of European consumers. A short and mid-term strategy to promote cross-border consumer trade, established and implemented in a fully transparent and democratic process with the stakeholders, is necessary. Such a strategy is fleshed out in this paper.

The Common European Sales Law in Context

2013-03-21 Business & Economics
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Release : 2013-03-21
Genre : Business & Economics
Kind : eBook
Book Rating : 901/5 ( reviews)

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Book Synopsis The Common European Sales Law in Context by : Gerhard Dannemann

Download or read book The Common European Sales Law in Context written by Gerhard Dannemann. This book was released on 2013-03-21. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Common European Sales Law in Context

2013-03-21 Law
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Release : 2013-03-21
Genre : Law
Kind : eBook
Book Rating : 184/5 ( reviews)

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Book Synopsis The Common European Sales Law in Context by : Gerhard Dannemann

Download or read book The Common European Sales Law in Context written by Gerhard Dannemann. This book was released on 2013-03-21. Available in PDF, EPUB and Kindle. Book excerpt: European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.

Research Handbook on EU Consumer and Contract Law

2016-09-30 Law
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Release : 2016-09-30
Genre : Law
Kind : eBook
Book Rating : 371/5 ( reviews)

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Book Synopsis Research Handbook on EU Consumer and Contract Law by : Christian Twigg-Flesner

Download or read book Research Handbook on EU Consumer and Contract Law written by Christian Twigg-Flesner. This book was released on 2016-09-30. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on EU Consumer and Contract Lawtakes 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. This major Handbook brings together contributions by leading academics from across the EU on the latest developments and controversies in these important areas of law. The Handbookis divided into three distinct and thematic parts: firstly, authors examine a range of cross-cutting issues relevant to both consumer and contract law. The second part discusses specific topics on EU consumer law, including the consumer image within EU law, information duties and unfair contract terms. The final part focuses on a number of important subjects which remain current in the development of EU contract law and presents a number of innovative solutions to the challenges presented in parts one and two. This timely and insightful Handbook will provide both a comprehensive survey of this area of law for the novice researcher and fresh food-for-thought for scholars who have been researching this area of law for many years. Contributors include:E.A. Amayuelas, H. Beale, J.M. Bech Serrat, C. Busch, R. Canavan, P. Cartwright, O.O. Cherednychenko, G. Comparato, G. Cordero-Moss, A. Cygan, L. Gillies, M. Graziadei, M.W. Hesselink, G. Howells, C. Mak, V. Mak, H.-W. Micklitz, B. Pozzo, P. Rott, J. Rutgers, J.M. Smits, Y. Svetiev, E.T.T. Tai, C. Twigg-Flesner, W.H. van Boom, J. Watson, F. Zoll

Justifying Contract in Europe

2021 Law
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Release : 2021
Genre : Law
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Book Rating : 656/5 ( reviews)

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Book Synopsis Justifying Contract in Europe by : Martijn Willem Hesselink

Download or read book Justifying Contract in Europe written by Martijn Willem Hesselink. This book was released on 2021. Available in PDF, EPUB and Kindle. Book excerpt: This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.

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