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Comparative Consumer Sales Law

Comparative Consumer Sales Law PDF Author: Geraint Howells
Publisher: Routledge
ISBN: 1317163176
Category : Law
Languages : en
Pages : 190

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Book Description
For many years, legislators around the world have responded to the particular needs of consumers by introducing dedicated rules for consumer sales contracts. In the European Union, a significant push came through the adoption of the Consumer Sales Directive (99/44/EC). Elsewhere in the world, legislation focusing on consumer sales contracts has been introduced, for example in New Zealand and Australia. This book offers a snapshot of the current state of consumer sales law in a range of jurisdictions around the globe. It provides both an overview of the law in selected jurisdictions and compares the application of these rules in the context of two case scenarios.

Comparative Consumer Sales Law

Comparative Consumer Sales Law PDF Author: Geraint Howells
Publisher: Routledge
ISBN: 1317163176
Category : Law
Languages : en
Pages : 190

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Book Description
For many years, legislators around the world have responded to the particular needs of consumers by introducing dedicated rules for consumer sales contracts. In the European Union, a significant push came through the adoption of the Consumer Sales Directive (99/44/EC). Elsewhere in the world, legislation focusing on consumer sales contracts has been introduced, for example in New Zealand and Australia. This book offers a snapshot of the current state of consumer sales law in a range of jurisdictions around the globe. It provides both an overview of the law in selected jurisdictions and compares the application of these rules in the context of two case scenarios.

Sales Contracts

Sales Contracts PDF Author: E. H. Hondius
Publisher: sellier. european law publ.
ISBN: 3935808615
Category : Law
Languages : en
Pages : 485

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Book Description
The sales contact has served as the paradigm for contracts in general. Moreover, it is also probably the most common contract, and certainly the most common consumer contract that there is. Furthermore, there are many mixed transactions that contain a certain element of sale, such as distribution contracts or all sorts or manufacturing contracts. This book presents the rules regarding sales contracts under European law. The principles examined here start from the idea of a uniform regime for all kind of sales transactions. Moreover, these principles aim to meet the needs of international and national commerce alike and attempt to create a truly uniform sales law, bridging the differentiation into different settings, different parties to the contract, and different object of sales. However, when deemed necessary, certain provisions are declared mandatory in consumer sales in order to protect the weaker party in the transaction involved. To that end, a balance is struck between the two major international instruments in this area, the CISG (Contracts for the International Sale of Goods) and the Consumer Sales Directive. Moreover, during the drafting process, comparative material from over 20 different EU Member States has been taken into account. The work is not only a presentation of a future model for European rules to come, but also provides a fairly detailed indication of the present legal situation in the Member States.

European Perspectives on the Common European Sales Law

European Perspectives on the Common European Sales Law PDF Author: Javier Plaza Penadés
Publisher: Springer
ISBN: 3319104977
Category : Law
Languages : en
Pages : 311

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Book Description
This book presents a complete and coherent view of the subject of Common European Sales Law from a range of European perspectives. The book offers a comparison of the CESL with the CISG, as well as pre-existing instruments, including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL). It analyses the process of enactment of CESL and its scope of application, covering areas such as the sale of goods, the supplying (licensing) of digital content, the supply of trade-related services, and consumer protection. It examines the design of the CESL bifurcating businesses into large and small-to-medium sized enterprises, and the providing of rules covering digital content and the supply of trade-related services. Lastly, it studies the field of application of the CESL combined with the already existing EU consumer protection laws, as well as nation-specific laws.​

Convergence in European Consumer Sales Law

Convergence in European Consumer Sales Law PDF Author: Cătălina Goanța
Publisher:
ISBN: 9781780685168
Category : Consumer protection
Languages : en
Pages : 401

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Book Description


Performance-Oriented Remedies in European Sale of Goods Law

Performance-Oriented Remedies in European Sale of Goods Law PDF Author: Vanessa Mak
Publisher: Bloomsbury Publishing
ISBN: 1847314805
Category : Law
Languages : en
Pages : 244

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Book Description
Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.

A Comparative Analysis of Policing Consumer Contracts in China and the EU

A Comparative Analysis of Policing Consumer Contracts in China and the EU PDF Author: Jiangqiu Ge
Publisher: Springer
ISBN: 9811329893
Category : Law
Languages : en
Pages : 325

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Book Description
This book seeks to fill a gap in the existing literature by describing the formulation, interpretation and enforcement of the rules on consumer contracts in China and the EU, and by mapping key similarities and differences. The study addresses selected issues regarding consumer contracts: sources of law in the two jurisdictions are first discussed to set the scene. Afterwards, one preliminary issue - how to define the concept of a consumer contract - and two substantive topics - unfair terms and withdrawal rights - are dealt with. Apart from the descriptive analysis, the book also provides possible explanations for these comparative findings, and argues that the differences in consumer contract rules can be primarily attributed to a disparity of markets. The book offers a valuable resource, particularly for researchers and practitioners in the fields of private law and comparative law.

The Cambridge Companion to European Union Private Law

The Cambridge Companion to European Union Private Law PDF Author: Christian Twigg-Flesner
Publisher: Cambridge University Press
ISBN: 1107493978
Category : Law
Languages : en
Pages : 382

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Book Description
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.

Examination and Notification Duties in Consumer Sales Law

Examination and Notification Duties in Consumer Sales Law PDF Author: Christoph Jeloschek
Publisher: sellier. european law publ.
ISBN: 3935808887
Category : Law
Languages : en
Pages : 234

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Book Description
Is there a place for examination and notification duties in consumer sales law? According to Dutch law, there is. Other countries, such as England or Germany, oppose this view. It is therefore only fair to ask why the consumer should actually lose his rights in the event of lack of conformity of the goods if he has failed to lodge his complaint within a reasonable time. This book finds that functional arguments relating to such cut-off duties are not convincing. When introducing such duties into consumer sales law, one fails to look critically at the rationale that originated in the realm of commercial sales law. It therefore can be concluded that the answer to above question is necessarily a political one. As long as certain minimum requirements of consumer protection are not left out of consideration, there is nothing wrong with such a political choice that may well be different in different countries.

Commentaries on European Contract Laws

Commentaries on European Contract Laws PDF Author: Nils Jansen
Publisher: Oxford University Press
ISBN: 0192508008
Category : Law
Languages : en
Pages : 2250

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Book Description
The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

Contents and Effects of Contracts-Lessons to Learn From The Common European Sales Law

Contents and Effects of Contracts-Lessons to Learn From The Common European Sales Law PDF Author: Aurelia Colombi Ciacchi
Publisher: Springer
ISBN: 3319280740
Category : Law
Languages : en
Pages : 295

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Book Description
This 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.