European law on unfair commercial practices and contract law /

"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...

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Detalles Bibliográficos
Clasificación:Libro Electrónico
Autor principal: Durovic, Mateja (Autor)
Formato: Electrónico eBook
Idioma:Inglés
Publicado: Portland, Oregon : Hart Publishing, 2016.
Colección:Modern studies in European law ; v. 62.
Temas:
Competition, Unfair > European Union countries.
Consumer protection > Law and legislation > European Union countries.
Contracts > European Union countries.
Contrats > Pays de l'Union européenne.
LAW > Administrative Law & Regulatory Practice.
Competition, Unfair
Consumer protection > Law and legislation
Contracts
European Union countries
Acceso en línea:Texto completo
Tabla de Contenidos:
  • 1. Introduction
  • Setting the Scene
  • Structure of the Book
  • Two Branches of EU Consumer Law
  • Europeanisation of the Law on Unfair Commercial Practices
  • The Regulatory Framework of the UCPD
  • The Maximum Harmonisation Character of the Directive 3
  • The Notion of Commercial Practice
  • Europeanisation of Contract Law
  • The Role of Article 3(2) UCPD
  • 2. The Average Consumer
  • Introduction: Which Consumer is Protected by EU Law?
  • The Protected Consumer Under the UCPD
  • Two Definitions of Consumer
  • The Average Consumer Between the Two Goals of the UCPD
  • Three Components of the Defi nition of an Average Consumer
  • The Interpretation of the Average Consumer Under the UCPD
  • The Distinction Between the Average Consumer and Vulnerable Consumer
  • The Protected Consumer Under Consumer Contract Law
  • Lack of a Clear Standard of the Protected Consumer
  • The Need for a Standard of the Consumer
  • EU Primary Law and the Notion of the Consumer
  • EU Primary Law and the Understanding of the Consumer
  • EU Secondary Law and the Standard of the Consumer
  • The Analysis of Post-UCPD Secondary Law on Consumer Protection
  • 3. The Duty to Trade Fairly
  • Introduction: General Duty to Trade Fairly in EU Consumer Law
  • Duty to Trade Fairly Under Directive 2005
  • 29
  • EC
  • The Defi nition of the General Clause
  • The Purpose of the General Clause and its Functions
  • The Two Limbs of the General Clause
  • The Requirements of Professional Diligence
  • Requirements of Good Faith and Honest Market Practice
  • The Scope of Application of the Duty to Trade Fairly
  • Material Distortion of a Consumer's Economic Behaviour
  • The Duty to Trade Fairly in Consumer Contract Law
  • The Impact of the Duty to Trade Fairly in Contract Law
  • Commercial Practices and Contract
  • Good Faith and the National Legal Traditions of Member States
  • Good Faith in European Contract Law
  • The Meaning of Good Faith Under the UCPD
  • The Horizontal Effects of the Duty to Trade Fairly on Consumer Contracts
  • The Signifi cance of the Judgment in Perenicová
  • The Meaning of the Duty to Trade Fairly in Consumer Contract Law
  • 4. The Duty of Information
  • Introduction: A Universal European Duty of Information
  • The Duty of Information Under the UCPD
  • The Three Small General Clauses of the Directive
  • Introduction of the General Duty of Information
  • Materiality of Information
  • Transactional Decision
  • The Context in which Information is Provided
  • Duty of Information in Consumer Contract Law
  • The Paradigm of the Informed Consumer
  • Two Rationales for the Duty of Information
  • Duty of Information in National Contract Law
  • Duty of Information in European Contract Law
  • Information Requirements in Contract Law after the UCPD
  • The Invitation to Purchase
  • 5. Remedies
  • Introduction: Remedies and Enforcement in EU Consumer Law
  • Remedies and Enforcement Under Directive 2005
  • 29
  • EC
  • General Approach towards Enforcement by the UCPD
  • Collective Enforcement
  • Individual Enforcement
  • Impact on Existing Contract Law Remedies
  • Adoption of New Contract Law Remedies
  • Remedies Under Consumer Contract Law
  • Contract Law Remedies of European Contract Law
  • Directive 93
  • 13
  • EEC on Unfair Contract Terms
  • Directive 2011
  • 83
  • EU on Consumer Rights
  • Directive 1999
  • 44
  • EC on Consumer Sales and Associated Guarantees
  • 6. Conclusions
  • The Main Concluding Observations
  • The Average Consumer
  • The Duty to Trade Fairly
  • The Duty of Information
  • Remedies
  • Europeanisation of Contract Law Through the UCPD
  • Impact on Contract Law Concepts
  • The Refi ned Means of Impact
  • The Signifi cance of Innovative Legal Terminology
  • Summation of the Book

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