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Information Obligations and Disinformation of Consumers
This book focuses on recent developments in consumer law, specifically addressing mandatory disclosures and the topical problem of information overload. It provides a comparative analysis based on national reports from countries with common law and civil law traditions in Asia, America and Europe, and presents the reports in the form of chapters that have been drafted on the basis of a questionnaire, and which use the same structure as the questionnaire to allow them to be easily compared. The book starts with an analysis of the basic assumptions underlying the current consumer protection models and examines whether and how consumer models adapt to the new market conditions. The second part ...
Judging Europe’s Judges
After successive waves of EU enlargement, and pursuant to the entry into force of the Lisbon Treaty, the European Court of Justice finds itself on the brink of a new era. Both the institution itself and the broader setting within which it operates have become more heterogeneous than ever before. The issues now arriving on its docket are also often of great complexity, covering an unprecedented number of fields. The aims of this volume are to study the impact of these developments, examine the legitimacy of the Court's output in this novel context and provide an appraisal of its overall performance. In doing so, specific attention is paid to its most recent case law on four topics: the general principles of EU law, external relations, the internal market and Union citizenship. Featuring contributions by Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans, Koen Lenaerts, Ján Mazák and Martin Moser, Stephen Weatherill, Jukka Snell, Michael Dougan, Daniel Thym, Eileen Denza, Michal Bobek, and Joseph Weiler.
Enforcement of International Contracts in the European Union
The enforcement of international contracts in the European Union is increasingly dependent on Community (rather than national) private international law. This book examines the present status and future prospects of Community private international law in the contractual area. It focuses in particular upon the joint analysis of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations (which is likely to be converted in the near future into the Rome I-regulation) and the Brussels I-regulation. Rather than attempting a comprehensive study of Brussels I and Rome I, this book examines a number of key issues considered particularly pertinent from the point of view of th...
Civil Liability for Artificial Intelligence and Software
Initiated by the European Commission, the first study published in this volume analyses the largely unresolved question as to how damage caused by artificial intelligence (AI) systems is allocated by the rules of tortious liability currently in force in the Member States of the European Union and in the United States, to examine whether - and if so, to what extent - national tort law regimes differ in that respect, and to identify possible gaps in the protection of injured parties. The second study offers guiding principles for safety and liability with regard to software, testing how the existing acquis needs to be adjusted in order to adequately cope with the risks posed by software and AI. The annex contains the final report of the New Technologies Formation of the Expert Group on Liability and New Technologies, assessing the extent to which existing liability schemes are adapted to the emerging market realities following the development of new digital technologies.
General Reports of the XXth General Congress of the International Academy of Comparative Law - Rapports généraux du XXème Congrès général de l'Académie internationale de droit comparé
This book explores convergences of legal doctrine despite jurisdictional, cultural and political barriers, as well as divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading experts from all continents, its 26 chapters present a comparative analysis of cutting-edge legal issues of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. Several of the chapters show how, in addition to state normative production and state adjudication, a growing panoply...
Protection of Foreign Investments in an Intra-EU Context
The Achmea judgment revolutionised intra-EU investment protection by declaring intra-EU bilateral investment treaties (intra-EU BITs) incompatible with EU law. This incisive book investigates whether intra-EU foreign investments benefit from this alteration, which discontinued the parallel applicability of intra-EU BITs and EU law in the EU internal market. In addition to comparative legal analysis from an investor perspective, Dominik Moskvan puts forward a proposal for a creation of a permanent intra-EU foreign investment court to ensure a balanced economic development of the EU internal market.
Commercial Communication in the Digital Age
In today’s digital age, online and mobile advertising are of growing importance, with advertising no longer bound to the traditional media industry. Although the advertising industry still has broader access to the different measures and channels, users and consumers today have more possibilities to publish, get informed or communicate – to “co-create” –, and to reach a bigger audience. There is a good chance thus that users and consumers are better informed about the objectives and persuasive tricks of the advertising industry than ever before. At the same time, advertisers can inform about products and services without the limitations of time and place faced by traditional mass media. But will there really be a time when advertisers and consumers have equal power, or does tracking users online and offline lead to a situation where advertisers have more information about the consumers than ever before? The volume discusses these questions and related issues.
Capita Economisch Recht
Deze uitgave is bedoeld als leidraad bij de cursus economisch recht voor rechtsstudenten. Zij vinden hierin een beknopte analyse van belangrijke onderdelen van het ruime economische recht. Verwijzingen naar rechtsleer en rechtspraak in voetnoot bieden een houvast bij verdere ontginning van de materie, die bijgewerkt is tot 1 januari 2024. Als geselecteerde domeinen komen aan bod: - algemene aanknopingspunten van economisch recht, - de ondernemingsbegrippen uit het Wetboek van Economisch Recht, - intellectuele eigendom, - kartelrecht.
Landmark Cases of EU Consumer Law
This unique book tells the story of the coming of age of EU consumer law, a legal domain that hasn't ceased to expand in depth and scope during the last 20 years. However, this book has not been conceived by the editors as an exercise in nostalgia. The contributions offer ample food for thought about the challenges awaiting consumer law in the years to come. The selected cases in this book are therefore without exception landmark decisions. What this volume doesn't offer however, is an exhaustive overview of EU consumer law jurisprudence. It doesn't aspire to be a textbook covering all aspects of consumer law. Rather, the authors have approached the cases - some of which have been commented upon quite extensively in legal doctrine already - from a novel and personal perspective, sometimes coloured by the contributor's particular background, concerns and interest. Very often, the cases have been used as a point of departure to point out a development in EU and / or national consumer law. The result of the contributors' efforts does not only read as splendid anthology but it will be read and continued to be read by anyone interested in EU consumer law --
Wetboek van Economisch Recht en aanvullende regelgeving. (2de, herziene uitgave)
Deze wetgevingsbundel bevat alle boeken van het nieuwe Wetboek van Economisch Recht en vult deze aan met de voor de handelspraktijk belangrijkste Belgische en Europese regelgeving. Van het ‘oude’ wetboek van Koophandel zijn resterende vigerende bepalingen opgenomen, m.u.v. de vennootschappen en verzekeringen. De nadruk ligt verder op de regelgeving inzake faillissement en WCO en het in pand geven van de handelszaak. Op het vlak van Europese regelgeving komen aan bod: marktpraktijken, intellectuele eigendom, kartelrecht en vrij verkeer. Bijgewerkt tot 1 januari 2017.
