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Fundamental Rights, Contract Law and the Protection of the Weaker Party
Recoge : I. The relations between fundamental rights and private law against the background of the public/private divide. -- II. The protection of the weaker party against risky financial transactions by means of fundamental rights. Synthesis and assessment.
Financial Regulation and Civil Liability in European Law
This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.
Constitutionalization of European Private Law
One of the most topical questions in the legal systems is whether and to what extent fundamental rights impact our rights and obligations in our contractual relations. The European Union has integrated the Charter of Fundamental Rights into the Treaties of Rome and Lisbon. This book highlights whether and to what extent fundamental rights affect the position of citizens generally and in various fields of law, such as private (contractual) law, labour law,financial services, intellectual property rights, and the judicial protection in courts.
European Contract Law and the Charter of Fundamental Rights
A collection of essays by distinguished legal scholars that explores from legal, historical and theoretical perspectives how the Charter of the Fundamental Rights of the European Union has affected, and is likely to impact on the development of, contract law and commercial law within the European Union.
The Reach of Free Movement
The reach of free movement within the EU Internal Market and what constitutes a restriction are the topics of this book. For many years the tension between free movement and restrictions have been the subject of intense discussion and controversy, and this includes the constitutional reach of the rights conferred by the Treaty of Lisbon. Anything that makes movement less attractive or more burdensome may constitute a restriction. Restrictions may be justified, but only if proportionate. The reach of free movement is fundamental to the Internal Market, both for the economic constitution and increasingly for individual rights in a European legal order that provides constitutional guarantees fo...
The Influence of Human Rights and Basic Rights in Private Law
This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.
The Transformation of European Private Law
A critical overview of the Europeanisation of private law at a watershed moment, a point of punctuated equilibrium.
Regulating Investor Protection under EU Law
This book analyzes the legal system for the protection of retail investors under the European Union law of investment services. It identifies the regulatory leitmotiv driving the EU lawmaker and ascertains whether and to what extent such a system is self-sufficient, using a set of EU-made and EU-enforced rules that is essentially different and autonomous from the domestic legal orders. In this regard, the book takes a double perspective: comparative and intra-firm. Given the federal dimension of the US legal system and, thus, the “role-model” it plays vis-à-vis the EU, the book compares the two systems. To fully highlight the existing gaps and measure how self-sufficient the EU system i...
Contract and Regulation
Contract and Regulation: A Handbook on New Methods of Law Making in Private Law sheds light on the darker side of contracts. It begins by exploring the ‘regulatory space’ in which projects are planned, deals are done, and goods and services are consumed, then shows how a ‘bottom-up’ approach can be adopted in order to view this transactional space through the eyes of contractors. The expert contributors explore modes of governance that do not fit nicely into traditional contract theory, paying special attention to three key examples: governance and codes of conduction, networks and relations, compliance and use.
Consumer Credit, Debt and Investment in Europe
Produced under the auspices of an EU-funded Marie Curie research programme, this volume analyses vulnerability in European private law and scrutinises consumer protection in credit and investments in the context of the recent turmoil in financial markets and EU harmonisation initiatives in the area. It explores key issues such as responsible lending, the disclosure of information, consumer confidence, the regulation of consumer investment services and the protection of bank depositors. The chapters emanate from the 'Consumer Protection in Europe: Theory and Practice' duo colloquium which explored consumer protection in Europe in its theoretical and practical dimensions. These topics are even more relevant today given the passage of the Consumer Rights Directive, the appointment of an Expert Group on a common frame of reference, the Green Paper on European Contract Law and the ongoing deliberations surrounding the Common European Sales Law.
