Better Regulation in EU Contract Law

Better Regulation in EU Contract Law

Author: Esther van Schagen

Publisher: Bloomsbury Publishing

Published: 2019-12-26

Total Pages: 244

ISBN-13: 1509928367

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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?


European Contract Law and the Creation of Norms

European Contract Law and the Creation of Norms

Author: Stefan Grundmann

Publisher: European Contract Law and Theory

Published: 2021-03

Total Pages: 400

ISBN-13: 9781780689654

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The book provides a broad and topical perspective of the sources of modern contract law. It examines the creation of contract law as a multi-pronged occurrence that involves diverse types of normative content and various actors. The book encompasses both a classical perspective on contract law as a state-created edifice and also delves into the setting of contractual rules by non-state actors. In so doing, the volume thoroughly analyses present-day developments to make sense of shifting attitudes towards the overall regulatory paradigm of contract law and those that reshape the classic view of the sources of contract law. The latter concerns, in particular, the digitalisation of markets and growing trends towards granularisation and personalisation of rules.00The book builds on the EU private law perspective as its primary point of reference. At the same time, its reach goes far beyond this domain to include in-depth analysis from the vantage points of general contract theory and comparative analysis. In so doing, it pays particular attention to theoretical foundations of sources of contract law and values that underpin them. By adopting such diversified perspectives, the book attempts to provide for a better understanding of the nature and functions of present-day contract law by capturing the multitude of social and economic dynamics that shape its normative landscape.00The volume gathers a unique and distinguished group of contributors from the EU, USA and Israel. They bring research experience from various areas of private law and contribute with diverse conceptual perspectives.


French Civil Liability in Comparative Perspective

French Civil Liability in Comparative Perspective

Author: Jean-Sébastien Borghetti

Publisher: Bloomsbury Publishing

Published: 2019-12-26

Total Pages: 576

ISBN-13: 150992728X

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The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.


European Contract Law and the Digital Single Market

European Contract Law and the Digital Single Market

Author: Alberto De Franceschi

Publisher:

Published: 2016

Total Pages: 0

ISBN-13: 9781780684222

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In light of the EU's commitment to making the Single Market fit for the digital age, leading scholars analyse new and urgent issues in the field of contract, data protection, copyright and private international law.


The EU Better Regulation Agenda

The EU Better Regulation Agenda

Author: Sacha Garben

Publisher: Bloomsbury Publishing

Published: 2018-05-17

Total Pages: 379

ISBN-13: 1509917357

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Better Regulation in the EU is a perennial and topical question which has important implications for the future direction of EU law. While actions directed at improving the quality and accessibility of EU regulation are not novel, in recent years the Better Regulation Agenda has significantly affected the structural organisation and day-to-day operation of the EU legislative process. Yet, many questions about the future of the Agenda remain, not least in light of Brexit. Exploring the Better Regulation Agenda (and its relation to the overall EU legal and political order) necessitates an integrated, interdisciplinary approach. This edited volume presents insights from economics, political science and legal scholarship. Furthermore, to allow full understanding, it examines institutional practice, where the Agenda is made and shaped on a daily basis. Hence, the book features contributions from the perspective of the work of the main EU institutions: the European Commission, the Parliament, the Council and the Court of Justice. This results in a seminal overview of the subject, of interest to scholars and practitioners alike.


Good Faith in European Contract Law

Good Faith in European Contract Law

Author: Reinhard Zimmermann

Publisher: Cambridge University Press

Published: 2000-06-08

Total Pages: 762

ISBN-13: 9780521771900

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For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.


Compliance with European Consumer Law

Compliance with European Consumer Law

Author: Felix Pflücke

Publisher: Oxford University Press

Published: 2024-08-25

Total Pages: 252

ISBN-13: 0198906404

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European Consumer Law has adapted and evolved in response to the rapid growth of e-commerce in the last two decades. Compliance with European Consumer Law: The Case of E-Commerce examines the evolving legal framework at the EU and national levels - from mandatory disclosures to unfair contract terms - and analyses the extent to which scientifically grounded evidence or theories underpin these legislative choices. At the heart of the book lies an original, data-driven inquiry assessing compliance among e-commerce traders with consumer protection rules. The empirical analysis investigates whether 300 traders from four jurisdictions (France, Germany, the Netherlands, and the United Kingdom) comply with their legal duties and identifies reasons for non-compliance. It translates the evidence of previously undiscovered non-compliance patterns into targeted and actionable policy recommendations, presenting a significant new interpretation of the regulatory landscape. Compliance with European Consumer Law offers a unique, analytical perspective and contributes to a deeper understanding of e-commerce regulation. Innovative and engaging, this book advocates for a more evidence-driven approach within European Consumer Law aimed at strengthening the effectiveness of the rules and fostering trader compliance.


Principles, Definitions and Model Rules of European Private Law

Principles, Definitions and Model Rules of European Private Law

Author: Study Group on a European Civil Code

Publisher: sellier. european law publ.

Published: 2008

Total Pages: 406

ISBN-13: 3866530595

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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.


The Cambridge Companion to European Union Private Law

The Cambridge Companion to European Union Private Law

Author: Christian Twigg-Flesner

Publisher: Cambridge University Press

Published: 2010-05-20

Total Pages: 381

ISBN-13: 1107493978

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The emergence of EU Private Law as an independent legal discipline is one of the most significant developments in European legal scholarship in recent times. In this 2010 Companion, leading scholars provide a critical introduction to the subject's key areas, while offering original and thought-provoking comment on the field. In addition to several chapters on consumer law topics, the collection has individual chapters on commercial contracts, competition law, non-discrimination law, financial services and travel law. It also discusses the wider issues concerning EU Private Law, such as its historical evolution, the role of comparative law, language and terminology, as well as the implications of the Common Frame of Reference project. A useful 'scene-setting' introduction and further reading arranged thematically make this important publication the student's and scholar's first port of call when exploring the field.


Collective Management of Copyright and Related Rights

Collective Management of Copyright and Related Rights

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2022-12-22

Total Pages: 252

ISBN-13: 9280534653

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This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.