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A critical overview of the Europeanisation of private law at a watershed moment, a point of punctuated equilibrium.
Since the introduction of the European Unfair Contract Terms Directive (UCTD) there have been far-reaching developments in the digital landscape which have significantly altered the nature of consumer contracts. This timely book examines the changes that have taken place since the advent of the UCTD and analyses the challenges that they pose for consumers entering online standard form contracts today.
Business organisations depend on having one or more persons who can legitimately make strategic business decisions. But what are the legal entitlements of such key professionals? This is the first book – with contributions from experts across Europe – to take a broad comparative look at how the delimitation of rights and duties of executive and non-executive managers is done under different areas of EU law and across different jurisdictions (namely, EU and national law). Aspects of the executive role covered include the following: extensive treatment of definitions and methodologies to ascertain the status of managers as ‘workers’ in Europe; comprehensive interdisciplinary and compar...
Political boundaries are often porous to finance, financial intermediation, and financial distress. Yet they are highly impervious to financial regulation. When inhabitants of a country suffering a deficit of purchasing power are able to access and deploy funds flowing in from a country with a surfeit of such power, the inhabitants of both countries may benefit. They may also benefit when institutions undertaking such cross-border financial intermediation experience economies of scale and are able to innovate and to offer funds and services at lower costs. Inevitably, however, at least some such institutions will sometimes act imprudently, some of the projects in which such funds are deploye...
This incisive book gives a comprehensive overview of the regulation of consumer credit in both the US and the UK. It covers policy, procedure and the dynamics of the consumer credit relationship to advocate for a balanced approach in achieving more effective consumer protection.
In this timely Handbook, over 30 prominent academics, practitioners and regulators from across the globe provide in-depth insights into an area of law that the recent global financial crisis has placed in the spotlight: bank insolvency law. Research Handbook on Crisis Management in the Banking Sector discusses the rules that govern a bank insolvency from the perspectives of the various parties that are affected by these rules. Thus, whilst many bank insolvency rules have been enacted only recently and their application is still clouded by a host of uncertainties, this book takes the perspectives of the relevant authorities, of the bank and of the bank’s counterparties. Providing a comprehensive approach to crisis management in the banking sector, this Handbook will prove a valuable resource for academics, postgraduate students, practitioners and international policymakers.
The book provides an analysis of the emergence, evolution, and transformation of transnational securities regulation and of the influences from and the interactions between global regulatory powers in the field. Combining insights from law and political science, the work employs a two-tier complementary "on-the-books" and "in-action” approach. The more classical "on-the-books" approach draws on scholarship in United States and European Union securities regulation; transnational regulation and global administrative law; regime complexity; global governance studies; and the regulatory production of the International Organisation of Securities Commissions (IOSCO). The law in-action approach l...
European Consumer Law has adapted and evolved in response to the rapid growth of e-commerce in the last two decades. Compliance with European Consumer Law: The Case of E-Commerce examines the evolving legal framework at the EU and national levels - from mandatory disclosures to unfair contract terms - and analyses the extent to which scientifically grounded evidence or theories underpin these legislative choices. At the heart of the book lies an original, data-driven inquiry assessing compliance among e-commerce traders with consumer protection rules. The empirical analysis investigates whether 300 traders from four jurisdictions (France, Germany, the Netherlands, and the United Kingdom) com...
Dem britischen Gesetzgeber eröffnen sich durch den weitgehenden Wegfall von Bindung an EU-Recht im Verbraucherrecht neue regulatorische Möglichkeiten. Dieses Werk widmet sich der Frage, ob Normen des bisher von der EU bestimmten Verbraucherkredit- und AGB-Rechts beibehalten oder geändert werden sollten. Eine historische Analyse beantwortet die Frage, inwieweit EU-Recht in der Vergangenheit durch das Vereinigte Königreich gestaltet und rezipiert wurde. Auf Grundlage einer umfassenden rechtsvergleichenden Betrachtung wird zudem analysiert, ob alternative europäische Kooperationsmodelle mehr regulatorischen Freiraum bieten und die (Nicht-) Umsetzung von Verbraucherrecht als Vorbild für neue Regulierung im Vereinigten Königreich dienen könnte.