Download or read book New Features in Contract Law written by Reiner Schulze and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic change, globalisation and harmonisation of European Law have brought new challenges to contract law. The contributions in this Volume by prominent legal scholars deal with current trends and perspectives in European and International Contract Law and their impact on the various domestic legal systems. The Compendium provides an analysis of new developments in formation of contract, performance and remedies, consumer contract law and the particularly controversial area of anti-discrimination law. Experts in their field examine the underlying legal principles and problems arising in legal practice in Common Law and Civil Law. The essays written in English, German and French are the product of a series of lectures held in 2006 at the Centre for European Private Law (CEP) at the University of Münster, Germany. The contributing authors are: John Adams, Hugh Beale, Giuditta Cordero-Moss, Barbara Dauner-Lieb, Michele Graziadei, Thomas Gutmann, Geraint Howells, Simon James, Paul Lagarde, Matthias Lehmann, Peter Møgelvang-Hansen, Salvatore Patti, Thomas Pfeiffer, John C. Reitz, Judith Rochfeld, Martin Schmidt-Kessel, Jürgen Schmidt-Räntsch, Alessandro Somma, Stefano Troiano, Christian Twigg-Flesner, Antoni Vaquer Aloy and Fryderyk Zoll.

Download or read book Information Obligations and Disinformation of Consumers written by Gert Straetmans and published by Springer Nature. This book was released on 2019-09-05 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Unfair Contract Terms in European Law written by Paolisa Nebbia and published by Bloomsbury Publishing. This book was released on 2007-02-08 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation with a twofold aim: first, to understand the extent to which the Directive has influenced and will influence fundamental notions and principles of contract law in the domestic legal systems of the Member States; second, it examines the extent to which the domestic legal traditions of the Member States have influenced the process of drafting of the Directive and, more importantly, will affect the way that the Directive is interpreted and applied in national courts. The focus is mainly on English law (including the 2005 Unfair Terms in Contracts Bill) and on Italian law, but frequent references are made to the French and the German systems. At the same time, the book has a broader, more 'European' concern, in that it aims to distill from the existing Community acquis and from the history and rationale of Directive 93/13 notions and concepts that could guide its interpretation. It is well known that Community law uses terminology which is peculiar to it, and that legal concepts do not necessarily have the same meaning in EC law and in the law of the various Member States: every provision of Community law must be placed in its context and interpreted in the light of its own objectives and rationale, and of the objectives and rationale of Community law as a whole. In this respect, this book aims to identify the contours and features of the emerging European legal tradition, and to assess the impact that this may have on the domestic traditions.

Download or read book The Making of Consumer Law and Policy in Europe written by Hans-W Micklitz and published by Bloomsbury Publishing. This book was released on 2021-11-04 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the founding years of consumer law and consumer policy in Europe. It combines two dimensions: the making of national consumer law and the making of European consumer law, and how both are intertwined. The chapters on Germany, Italy, the Nordic countries and the United Kingdom serve to explain the economic and the political background which led to different legal and policy approaches in the then old Member States from the 1960s onwards. The chapter on Poland adds a different layer, the one of a former socialist country with its own consumer law and how joining the EU affected consumer law at the national level. The making of European consumer law started in the 1970s rather cautiously, but gradually the European Commission took an ever stronger position in promoting not only European consumer law but also in supporting the building of the European Consumer Organisation (BEUC), the umbrella organisation of the national consumer bodies. The book unites the early protagonists who were involved in the making of consumer law in Europe: Guido Alpa, Ludwig Krämer, Ewa Letowska, Hans-W Micklitz, Klaus Tonner, Iain Ramsay, and Thomas Wilhelmsson, supported by the younger generation Aneta Wiewiórowska Domagalska, Mateusz Grochowski, and Koen Docter, who reconstructs the history of BEUC. Niklas Olsen and Thomas Roethe analyse the construction of this policy field from a historical and sociological perspective. This book offers a unique opportunity to understand a legal and political field, that of consumer law and policy, which plays a fundamental role in our contemporary societies.

Download or read book Transparency in Insurance Contract Law written by Pierpaolo Marano and published by Springer Nature. This book was released on 2020-03-11 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.

Download or read book The Harmonization of Civil and Commercial Law in Europe written by Gian Antonio Benacchio and published by Central European University Press. This book was released on 2005-10-10 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration.Engaged in timely and cutting edge research, the authors cast into fine relief the building of a European Common Law. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. In particular, this book seeks to orient lawmakers, as well as those individuals interested in EU law, in the intricacies of consumer protection, contractual law, timesharing, and other important aspects in the harmonization of domestic and EU law books. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.

Download or read book Italian Banking and Financial Law Regulating Activities written by D. Siclari and published by Springer. This book was released on 2016-01-12 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Italian banks and financial intermediaries are subject to extensive regulation which has evolved throughout the country's history. There has also been much change to the country's financial regulation in recent years in response to the globalization of markets and intermediaries. The Italian administrative and regulatory system is often perceived as a major obstacle to economic productivity, and some causes of this ineffectiveness are deeply rooted and date back to the Italian unification and juridical culture. This book provides an overview of the Italian regulation of banking and financial activities, and tracks the evolution of its 'economic Constitution' and market trends. It explores a range of topics within Italian regulation, including the regulation of banking activities, investment services and collective portfolio management. It examines in detail the relationship between intermediaries and customers, public offerings of financial instruments and products, public takeover bids, listed companies, insurance and reinsurance business. Among other current topics the authors discuss the link between investor protection and confidence in the financial markets; and assess the financial markets as a source of financing for companies.

Download or read book Vagueness in Normative Texts written by Vijay K. Bhatia and published by Peter Lang. This book was released on 2005 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Normative texts are meant to be highly impersonal and decontextualised, yet at the same time they also deal with a range of human behaviour that is difficult to predict, which means they have to have a very high degree of determinacy on the one hand, and all-inclusiveness on the other. This poses a dilemma for the writer and interpreter of normative texts. The author of such texts must be determinate and vague at the same time, depending upon to what extent he or she can predict every conceivable contingency that may arise in the application of what he or she writes. The papers in this volume discuss important legal and linguistic aspects relating to the use of vagueness in legal drafting and demonstrate why such aspects are critical to our understanding of the way normative texts function.

Download or read book Directive clauses Abusives Cinq Ans Apr s valuation Et Perspectives Pour L avenir written by European Commission. Directorate-General for Health and Consumer Protection and published by . This book was released on 2000 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Insurance Law in Italy written by Diana Cerini and published by Kluwer Law International B.V.. This book was released on 2019-05-15 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides valuable practical insight into both public supervisory legislation concerning insurance and private insurance contract law in Italy. An informative general introduction surveying the legal, political, financial, and commercial background and surroundings of insurance provides a sound foundation for the specific detail that follows. The book covers all essential aspects of the law and regulation governing insurance policies and instruments. Its detailed exposition includes examination of the form of the insurance company and its reserves and investments; the insurance contract; the legal aspects of the various branches of property and liability insurance; motor vehicle insurance schemes; life insurance, health insurance, and workmen’s compensation schemes; reinsurance, co-insurance, and pooling; taxation of insurance; and risk management and prevention. Succinct yet eminently practical, the book will be a valuable resource for lawyers handling cases affecting Italy. It will be of practical utility to those both in public service and private practice called on to develop and to apply the laws of insurance, and of special interest as a contribution to the much-needed harmonization of insurance law.

Download or read book I servizi di pubblica utilit alla persona written by Crisp and published by FrancoAngeli. This book was released on 2000 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Hamburg Lectures on Maritime Affairs 2011 2013 written by Jürgen Basedow and published by Springer. This book was released on 2014-09-29 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2007, the International Max Planck Research School for Maritime Affairs together with the International Tribunal for the Law of the Sea (ITLOS), both based in Hamburg, decided to establish an annual lecture series, the "Hamburg Lectures on Maritime Affairs" - giving distinguished scholars and practitioners the opportunity to present and discuss recent developments in this field. The present volume - the third in the series - collects the lectures held between 2011 and 2013 inter alia by Andrew Dickinson, Yvonne Marie Dutton, Bevan Marten, Andreas Maurer, Irini Papanicolopulu, Časlav Pejovic, Juan L. Pulido, Andrés Recalde Castells, Thomas J. Schoenbaum and Rüdiger Wolfrum.

Download or read book Revue de Droit Uniforme written by and published by . This book was released on 1997 with total page 894 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Rome Convention Rome I Regulation written by Alexander J. Belohlávek and published by Juris Publishing, Inc.. This book was released on 2011-01-01 with total page 1636 pages. Available in PDF, EPUB and Kindle. Book excerpt: As of 17 December 2010, the Rome I Regulation (EU Regulation 593/2008) on the law applicable to contractual obligations is directly applicable in all EU Member States with the exception of Denmark. The Rome I Regulation replaces the Rome Convention of 1980 in the EU Member States and will apply to all contracts concluded as of 17 December 2010. However, and herein lies the utility and great importance of this work, the Rome Convention and the Rome I Regulation will be applied in parallel for a significant time to come (the author himself anticipates a ten-to-fifteen year period); in the latter case to contracts made after 17 December, 2010. This is why this commentary takes into account both sources of law, in their mutual interaction and broader context. The comprehensiveness of the Rome Convention / Rome I Regulation is clearly apparent, but one of the great achievements of the author is his amassing of over 1,800 judicial decisions, most of which are furnished with a detailed commentary; where these decisions apply national laws, the latter are cited both in the original and in translation. For a number of rulings, the commentary include not only a case summary of the facts and an analysis of the conclusions drawn by the court, but also takes them as models to hypothesize what conclusions would be reached if the Rome I Regulation were to be applied.

Download or read book I contratti informatici written by Giusella Finocchiaro and published by . This book was released on 1997 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Dei contratti del consumatore in generale written by Enrico Minervini and published by G Giappichelli Editore. This book was released on 2014-11-11 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book I contratti di compravendita nazionali ed internazionali written by Renzo Pravisano and published by IPSOA. This book was released on 2010-11-05 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: I contratti di compravendita mirano a definire le più importanti decisioni di gestione delle imprese commerciali. Assumono particolare importanza non solo sotto il profilo della corretta e completa stesura, ma anche per tutti gli adempimenti successivi che possono riguardare i settori della logistica aziendale, attraverso il ricevimento o l’invio del materiale oggetto del contratto, la contabilità e l’amministrazione, nella fase dell’emissione e/o ricevimento della documentazione contabile e del controllo dei documenti ricevuti e/o emessi, e per il settore finanziario, con il controllo delle relative movimentazioni finanziarie. Nel commercio internazionale, sia comunitario che con Paesi terzi, tali contratti mirano anche a regolamentare le operazioni e la documentazione internazionale, con particolare riferimento a quella doganale, di conformità, di origine dei beni oggetto di compravendita. Il testo tratta in forma distinta e completa i seguenti argomenti: Contratti di compravendita nazionali, Contratti di compravendita internazionali, Convenzione delle Nazioni Unite in materia di compravendita dei beni fungibili Vengono inoltre analizzati gli aspetti giuridici in materia di contratti e sono riportati i fac-simili dei contratti di compravendita. Nelle parti concernenti i contratti sono stati esaminati gli aspetti giuridici commerciali, fiscali e doganali, nonché tutta la documentazione aziendale e contabile necessaria per la conclusione di ogni singolo affare, al fine di offrire al lettore una valutazione completa sull’argomento. È stata inserita una parte con la Convenzione delle Nazioni Unite in materia di contratti di compravendita internazionale con la traduzione, non ufficiale, in italiano dei vari articoli, e con l’esposizione sintetica delle principali sentenze. Il formulario è stato redatto per fornire agli Operatori una base di partenza per la redazione dei contratti, nelle loro varie tipologie giuridiche e commerciali. STRUTTURA Parte Prima- Aspetti giuridici in materia di contratti 1. Nozioni giuridiche generali in materia di contratti commerciali 2. I contratti internazionali 3. I principi UNIDROIT in materia di contratti commerciali inter-nazionali 4. Profili fiscali in materia di contratti 5. I contratti nel diritto e nella pratica contabile Parte Seconda- I contratti di compravendita nazionali 6. I contratti di compravendita nazionali: aspetti giuridici 7. I contratti di vendita di beni mobili 8. Vendita a termine di titoli di credito 9. Vendita di beni immobili 10. I contratti affini alla vendita 11. Aspetti fiscali dei contratti di compravendita nazionali 12. Aspetti contabili sui contratti di vendita Parte terza -I contratti di compravendita internazionali 13. Caratteri generali in materia di contratti internazionali di vendita 14. I contratti relativi agli scambi in compensazione 15. Il contratto di consignement stock 16. Contratti internazionali di investimento Parte quarta - la convenzione Onu in materia di contratti di com-pravendita di beni fungibili e Incoterms 2000 17. La convenzione di Vienna sui contratti di vendita internaziona-le dei beni mobili 18. La convenzione delle nazioni unite sulla vendita internaziona-le di beni mobili 19. I termini di resa internazionali Incoterms 2000 Appendice – Fac-simile contratti