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This study provides an in-depth and detailed comparison between the draft Common Frame of Reference and the Commission's proposal for a Consumer Rights Directive. Furthermore, it identifies those provisions of the CFR which could be used when amending the Proposal for a Consumer Rights Directive...
Persistent link: https://www.econbiz.de/10010487774
This study provides an in-depth analysis of the provisions of the draft Common Frame of Reference (DCFR), in order to assess if the DCFR perceives contract law only as a tool for regulating private law relations between equally strong parties or if it contains elements of 'social justice' in...
Persistent link: https://www.econbiz.de/10011722490
Persistent link: https://www.econbiz.de/10002359794
Persistent link: https://www.econbiz.de/10001765932
This study provides an in-depth and detailed comparison between the CFR and the proposed Consumer Rights Directive. Furthermore, it identifies those provisions of the CFR which could be used when amending the Proposal for a Consumer Rights Directive in the framework of the legislative procedure....
Persistent link: https://www.econbiz.de/10014202415
In 2003, the European Commission published its Action Plan on European contract law. That plan formed an important step towards a European Civil Code. In its Plan the Commission tried to depoliticise the codification process by asking a group of academic experts to prepare what it called a...
Persistent link: https://www.econbiz.de/10012756694
This paper argues that the EU can be held morally responsible for ensuring justice in the internal market. In particular, the EU must prevent and sanction unjust market conduct by private parties through appropriate private law rules and ensure at least minimal protection of the private rights...
Persistent link: https://www.econbiz.de/10012856423
This paper discusses the relationship between contract law and justice. In particular, it addresses the question whether the presence or absence of an unfair price rule could make a system of contract law, and thus the society to which it belongs, become unjust. The question is not merely a...
Persistent link: https://www.econbiz.de/10013006286
At its plenary session of 26 February 2014 in Strasburg, the European Parliament voted in favour of the Common European Sales Law (CESL). The legislative resolution, which was adopted by a large majority, includes two amendments which significantly extend the protection of consumers against...
Persistent link: https://www.econbiz.de/10013044274
The European Commission’s recent proposal for a common European sales law was made in a political climate of rising nationalism. The Commission makes a solid economic and constitutional (legal basis) case for its proposal. However its argument, which focuses exclusively on the internal market,...
Persistent link: https://www.econbiz.de/10014173456