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Author: Alberto De Franceschi
Publisher:
Published: 2016
Total Pages: 0
ISBN-13: 9781780684222
DOWNLOAD EBOOKIn 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.
Author: Alberto De Franceschi
Publisher:
Published: 2014
Total Pages: 266
ISBN-13: 9781780685212
DOWNLOAD EBOOKThis book offers an edited collection consisting of contributions by leading scholars, addressing the impact of digital technology on European Private Law in light of the latest legislative developments as well as the European Commission's proposals of 9 December 2015. The book analyses issues in the field of contract, data protection, copyright and private international law. Written for both scholars and practitioners, this edited collection provides clear answers to the challenges posed by the digital revolution and acts as a solid basis for further developments of EU law --Source other than Library of Congress.
Author: Aurelia Colombi Ciacchi
Publisher: Springer
Published: 2016-05-18
Total Pages: 301
ISBN-13: 3319280740
DOWNLOAD EBOOKThis book presents a critical analysis of the rules on the contents and effects of contracts included in the proposal for a Common European Sales Law (CESL). The European Commission published this proposal in October 2011 and then withdrew it in December 2014, notwithstanding the support the proposal had received from the European Parliament in February 2014. On 6 May 2015, in its Communication ‘A Digital Single Market Strategy for Europe’, the Commission expressed its intention to “make an amended legislative proposal (...) further harmonising the main rights and obligations of the parties to a sales contract”. The critical comments and suggestions contained in this book, to be understood as lessons to learn from the CESL, intend to help not only the Commission but also other national and supranational actors, both public and private (including courts, lawyers, stakeholders, contract parties, academics and students) in dealing with present and future European and national instruments in the field of contract law. The book is structured into two parts. The first part contains five essays exploring the origin, the ambitions and the possible future role of the CESL and its rules on the contents and effects of contracts. The second part contains specific comments to each of the model rules on the contents and effects of contracts laid down in Chapter 7 CESL (Art. 66-78). Together, the essays and comments in this volume contribute to answering the question of whether and to what extent rules such as those laid down in Art. 66-78 CESL could improve or worsen the position of consumers and businesses in comparison to the correspondent provisions of national contract law. The volume adopts a comparative perspective focusing mainly, but not exclusively, on German and Dutch law.
Author: Tatiana-Eleni Synodinou
Publisher: Springer Nature
Published: 2021-06-25
Total Pages: 646
ISBN-13: 3030695832
DOWNLOAD EBOOKWith the ongoing evolution of the digital society challenging the boundaries of the law, new questions are arising – and new answers being given – even now, almost three decades on from the digital revolution. Written by a panel of legal specialists and edited by experts on EU Internet law, this book provides an overview of the most recent developments affecting the European Internet legal framework, specifically focusing on four current debates. Firstly, it discusses the changes in online copyright law, especially after the enactment of the new directive on the single digital market. Secondly, it analyzes the increasing significance of artificial intelligence in our daily life. The book then addresses emerging issues in EU digital law, exploring out of the box approaches in Internet law. It also presents the last cyber-criminality law trends (offenses, international instrument, behaviors), and discusses the evolution of personal data protection. Lastly, it evaluates the degree of consumer and corporate protection in the digital environment, demonstrating that now, more than ever, EU Internet law is based on a combination of copyright, civil, administrative, criminal, commercial and banking laws.
Author: Ignace Claeys
Publisher:
Published: 2017
Total Pages: 0
ISBN-13: 9781780684154
DOWNLOAD EBOOKDigital Content & Distance Sales analyzes three legal instruments proposed by the European Commission in the context of its Digital Single Market Strategy, which has recently become one of its priorities. The proposed instruments are: a directive for the supply of digital content; a directive for the online and other distance sales of goods; and a regulation on cross-border portability of online content services in the internal market. This book takes a combined approach of setting out the broader legislative and political context of the proposed legal instruments, giving the reader a general overview of the background and subsequent impact of the proposals and in-depth analyses of specific aspects, advantages, and challenges. Through this approach, the author offers valuable insight into key areas of legal development. This book will be useful to academics and practitioners working in contract law, particularly European contract law. Subject: European Law, EU Law, Contract Law]
Author: Lucinda Miller
Publisher: Oxford University Press
Published: 2011-09-22
Total Pages: 280
ISBN-13: 0199606625
DOWNLOAD EBOOKThe emergence of an EU contract law is one of the most significant legal developments in Europe today. Exploring the origins and evolution of the discipline, from the Sales Directive to the Common Frame of Reference, the book advances a framework for the further harmonization of contract law that embraces diversity and pluralism.
Author: J. M. Smits
Publisher: Europa Law Publishing
Published: 2005
Total Pages: 204
ISBN-13: 9789076871356
DOWNLOAD EBOOKThe aim of this book is to discuss the need for a uniform contract law in Europe. At present it is debated to what extent uniformity of law is required from the economic perspective. The view of the European Commission seems to be that diversity of law stands in the way of a proper functioning of the internal market, but this view does not seem to be shared by business: in the reactions to the 'Communication on European Contract Law (2001), it was striking to see that most companies do not consider the present diversity to be a true barrier to trade. This book offers five different perspectives on the need for a uniform contract law. These perspectives include economics, behavioral law and economics, psychology and law.
Author: Reiner Schulze
Publisher: Walter de Gruyter
Published: 2011-08-29
Total Pages: 295
ISBN-13: 3866539541
DOWNLOAD EBOOKAuthor: Stefan Vogenauer
Publisher: Bloomsbury Publishing
Published: 2006-03-16
Total Pages: 286
ISBN-13: 184731127X
DOWNLOAD EBOOKAfter an extended period in which the European Community has merely nibbled at the edges of national contract law, the bite of a 'European contract law' has lately become more pronounced. Many areas of law, from competition and consumer law to gender equality law, are now the subject of determined efforts at harmonisation, though they are perhaps often seen as peripheral to mainstream commercial contract law. Despite continuing doubts about the constitutional competence of the Commission to embark on further harmonisation in this area, European contract law is now taking shape with the Commission prompting a debate about what it might attempt. A central aspect of this book is the report of a remarkable survey carried out by the Oxford Institute of European and Comparative Law in collaboration with Clifford Chance, which sought the views of European businesses about the advantages and disadvantages of further harmonisation. The final report of this survey brings much needed empirical data to a debate that has thus far lacked clear evidence of this sort. The survey is embedded in a range of original and up-to-date essays by leading European contract scholars reviewing recent developments, questioning progress so far and suggesting areas where further analysis and research will be required
Author: Vanessa Mak
Publisher: Oxford University Press
Published: 2020-09-11
Total Pages: 288
ISBN-13: 0192596691
DOWNLOAD EBOOKThe relevance of contracting and self-regulation in consumer markets has increased rapidly in recent years, in particular in the platform economy. Online platforms provide opportunities for businesses and consumers to connect with strangers, often across borders, trading products, and services. In this new economy, platform operators create, apply and enforce their own rules in their contractual relationships with users. This book examines the substance of these rules and the space for private governance beyond the reach of state regulation. Vanessa Mak explores recent developments in lawmaking 'beyond the state' with case studies focusing on companies such as Airbnb and Amazon. The book asks how common values and objectives of EU law, such as consumer protection and contractual fairness, can be safeguarded when lawmaking shifts to a space outside the reach of state law.
