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The Consumer Benchmarks In The Unfair Commercial Practices Directive

Author : Bram B. Duivenvoorde
ISBN : 9783319139241
Genre : Law
File Size : 52.16 MB
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This book investigates the regime of consumer benchmarks in the Unfair Commercial Practices Directive and explores to what extent this regime meets each of the goals of the Directive. In particular, it assesses whether the consumer benchmarks are suitable in terms of achieving the three goals of the Directive: achieving a high level of consumer protection, increasing the smooth functioning of the internal market, and improving competition in the market as such. In addition to providing a thorough analysis of the consumer benchmarks and their relationship to the goals of the Directive, at a more practical level, the book provides insight into the working and consequences of the benchmarks that can be used in the evaluation of the Unfair Commercial Practices Directive and its application by the CJEU. This assessment is important because the Directive, while promising to regulate unfair commercial practices in a way that achieves the Directive’s goals, has removed the possibility for Member States to regulate unfair commercial practices themselves.
Category: Law

Research Methods In Consumer Law

Author : Hans-W. Micklitz
ISBN : 9781785366611
Genre :
File Size : 88.35 MB
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Consumer law is worthy of greater academic attention at a time when many new questions arise and old ones need new answers. This unique handbook takes the reader on a journey through existing literature, research questions and methods. It builds on the state of the art to offer a springboard for jumping to the heart of contemporary issues and equips researchers with a starter’s kit to weave together rich traditions, ranging from socio-economics to behavioural analysis.

European Law On Unfair Commercial Practices And Contract Law

Author : Mateja Djurovic
ISBN : 9781782258131
Genre : Law
File Size : 76.79 MB
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The book examines the ambiguous relationship between the European law on unfair commercial practices and contract law. In particular, the manuscript demonstrates that the Directive 2005/29/EC on unfair commercial practices (UCPD) has had a major impact on contract law, despite the declaration concerning the formal independence between the two branches of law established by Article 3(2) UCPD. The insights and conclusions identified in the book contribute to a better understanding of European private law and the general process of Europeanisation of private law in the European Union, and in particular of contract law.
Category: Law

Research Handbook On Eu Consumer And Contract Law

Author : Christian Twigg-Flesner
ISBN : 9781782547372
Genre : Law
File Size : 64.76 MB
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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:
Category: Law

The Images Of The Consumer In Eu Law

Author : Dorota Leczykiewicz
ISBN : 9781509900367
Genre : Law
File Size : 26.6 MB
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This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.
Category: Law

The Yearbook Of Consumer Law

Author : Christian Twigg-Flesner
ISBN : 0754671526
Genre : Law
File Size : 71.18 MB
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The Yearbook of Consumer Law provides a valuable outlet for high quality scholarly work which tracks developments in the consumer law field with a domestic, regional and international dimension.The volume presents a range of peer-reviewed scholarly articles, analytical in approach and focusing on specific areas of consumer law such as sales, credit and safety, as well as more general issues, such as consumer law theory. The book also includes a section dedicated to significant developments during the period covered, such as key legislative developments or important court decisions. There is also a review section providing comment on recent publications in this area.The book provides an essential resource for all those, academic and practitioner, working in the areas of consumer law and policy.Contents: Foreword; Part 1 Articles 2008: European consumer law: making sense, Jac G.J. Rinkes; The future of European contract law: some questions and some answers, Guido Alpa; The relationship between national and European consumer policy challenges and perspectives, Hans-W. Micklitz; General clauses on fairness and the promotion of values important in services of general interest, Chris Willett; The statutory frameworks and general rules on unfair commercial practices in the 25 EU member states on the eve of harmonization, Erika Budaite and Cees van Dam; Covert advertising the notion and regulation in the UK, Joanna Wrona; Grounded? Air passenger rights in the European Union, Eliza Varney and Mike Varney; European passenger law for sea and inland waterway transport, Jens Karsten; The future of consumer law: reflections on a regulatory framework for a small island state, Paul Edgar Micallef; The legal rights of the consumer in cases of lack of conformity of goods with the sale contract and his/her contractual rights according to guarantee statements, Paraskevi Paparseniou; The effect of information based consumer protection: lessons from a study of the Irish online market, Mary Donnelly and Fidelma White; Class actions for New Zealand consumers, Kate Tokeley; Expanding the use of credit reports and credit scores: the need for caution and empiricism, Karen Gross. Part 2 Hull Symposium: The Changing Face of Consumer Law: Trade descriptions after the Unfair Commercial Practices Directive, Richard J. Bragg; (Mis)adventures of the consumer in the auction room, Brian W. Harvey; The 'oily rag' of enforcement, Dr Roland Rowell; UK and EU consumer law, Christian Twigg-Flesner. Part 3 Current Developments: General: doorstep selling, Richard Bragg; Restitution of so-called 'gift communities' in Germany, Andreacute; Janssen; Current developments Malta: the Electronic Commerce (General) Regulations, Paul Edgar Micallef; Consumer Credit: Protecting consumer telephone records from unauthorized disclosure, David Kraft; European coalition for responsible credit principles of responsible credit, Udo Reifner; Product Liability: Product safety regulation reform in Australia and Japan: harmonising towards European models?, Luke Nottage; Recent judgements of the European Court of Justice and the elusive goal of harmonization of product liability law in Europe, Magdalena Sengayen; Consumer protection law in Serbia: the current state and projections for the future, Tatjana Jovanic.About the Author: Christian Twigg-Flesner is Senior Lecturer in Private Law at the University of Hull, UK. His publications include Consumer Product Guarantees (Ashgate, 2003), and he has co-authored a number of reports for the Department of Trade and Industry. Deborah Parry is an independent consultant on consumer law matters, having previously been a Senior Lecturer at the University of Hull. She is the co-author of several standard works on consumer law and is consulted regularly by government departments, consumer law enforcement agencies and trade bodies. Geraint Howells is Professor of Law at Lancaster University, and barrister at Gough Square C
Category: Law