Home >
Law >
Business / Commercial Law >
European Law on Unfair Commercial Practices and Contract Law

European Law on Unfair Commercial Practices and Contract Law

Author: Mateja Durovic
Publisher: Hart Publishing
ISBN: 9781782258117
Published In: July 2016
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,170.00

HKD 1,134.90 Save HKD 35.10 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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 Europeanization of private law in the European Union, and in particular of contract law.

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

Browse Books

European Law on Unfair Commercial Practices and Contract Law

Free delivery Hong Kong?

Details

You may also be interested in these books:

What Our Customers Say?

Browse Books

European Law on Unfair Commercial Practices and Contract Law

Free delivery Hong Kong?

Details

You may also be interested in these books:

What Our Customers Say?

video title