By Paolisa Nebbia
This e-book examines Directive 93/13 on Unfair phrases in client Contracts and its implementation with a twofold target: first, to appreciate the level to which the Directive has motivated and may impact primary notions and rules of agreement legislation within the family felony structures of the Member States; and moment, to check the level to which the household felony traditions of the Member States have motivated the method of drafting of the Directive and, extra importantly, the way it will have an effect on that the best way that the Directive is interpreted and utilized in nationwide courts. the focal point is especially on English legislations (including the 2005 Unfair phrases in Contracts invoice) and on Italian legislations, yet widespread references are made to the French and the German structures. The booklet additionally has a broader, extra 'European' obstacle, in that it distills from the prevailing group acquis and from the historical past and intent of Directive 93/13 notions and ideas that can advisor its interpretation. it's popular that group legislation makes use of terminology that's unusual to it, and that criminal thoughts don't inevitably have an identical which means in EC legislations and within the legislations of a number of the Member States. each provision of neighborhood legislation needs to be positioned in its context and interpreted within the gentle of its personal goals and intent, and of the targets and reason of neighborhood legislations as a complete. during this recognize, the e-book identifies the contours and lines of the rising eu criminal culture and assesses the effect that this can have at the family traditions.
Read or Download Unfair Contract Terms in European Law: A Study in Comparative and Ec Law (Modern Studies in European Law) PDF
Similar administrative law books
The 2005 Avant-projet de r? forme du droit des tasks et de los angeles prescription — additionally dubbed the Avant-projet Catala — indicates the main far-reaching reform of the French Civil Code because it got here into strength in 1804. It reports valuable features of agreement legislations, the legislation of delict, and the legislations of unjustified enrichment.
NGOs in International Law: Efficiency in Flexibility?
The expanding position that NGOs play at diversified degrees of criminal relevance - from treaty-making to rule implementation, and from help to judges to assist supply - demands reconsideration of the foreign criminal prestige of these enterprises. This publication exhibits that the measure of flexibleness presently loved by means of NGOs in fields as different as human rights, the surroundings and the eu Union improvement cooperation coverage constitutes the simplest enviornment for all actors concerned, with the implications that the cases the place extra strict law of NGOs participation is fascinating are very restricted.
European Competition Law Annual 2000: The Modernisation of EU Competition Law
The ecu festival legislation Annual 2000 is 5th in a sequence of volumes following the yearly Workshops on european pageant legislation and coverage held on the Robert Schuman Centre of the ecu collage in Florence. the current quantity reproduces the fabrics of a roundtable debate that came about on the EUI in June 2000 between senior representatives of european associations, popular lecturers and overseas criminal specialists within the box of antitrust at the proposals made by way of the ecu fee for the reform and decentralization of EC antitrust enforcement.
Public Secrets: A Study in the Development of Government Secrecy
W 0000000000000 0000000000 0000000000000
- Family Law Reimagined
- Cross-Border Mergers in Europe (Law Practitioner Series) (Volume 2)
- Wto and the Greater China: Economic Integration and Dispute Resolution (Nijhoff International Trade Law)
- UNESCO, Cultural Heritage, and Outstanding Universal Value: Value-based Analyses of the World Heritage and Intangible Cultural Heritage Conventions (Archaeology in Society)
- UNESCO, Cultural Heritage, and Outstanding Universal Value: Value-based Analyses of the World Heritage and Intangible Cultural Heritage Conventions (Archaeology in Society)
Additional resources for Unfair Contract Terms in European Law: A Study in Comparative and Ec Law (Modern Studies in European Law)
Example text
Art 15 provided that the Directive should not preclude Member States from retaining or adopting more stringent provisions. Member States took advantage of the provisions to a considerable extent, with the result that the Directive had a modest impact on the original objective of harmonisation (see Commission Report COM (95) 117 final) and the Commission is currently considering reform: see Proposal for a Directive on the Harmonization of the Laws, Regulations and Administrative Provisions of the Member States Concerning Credit for Consumers COM (2002) 443 final.
In cases where a contract is partly oral and partly written, the party seeking to rely on the clause may have to show that he has incorporated it into the bargain: in cases of this type, the question of what should constitute sufficient notice of a written term for it to be regarded as part of the agreement has given judges rather wide room for action in excluding the enforceability of burdensome terms. Once an exclusion clause has, by whatever means, been incorporated into a particular contract, the next tier of judicial control consists in checking whether that clause is apt, as a matter of interpretation, to cover the particular event which has arisen.
It seems, however, that there is a slight difference between the de minimis rule above and the one known in competition law. In competition law, the de minimis rule is a quantitative criterion based on the assumption that, because of the size of the parties’ market share, an agreement which could potentially restrict trade does not have an appreciable effect on trade; in the area of free movement, on the other hand, de minimis appears to rest on a qualitative criterion, ie one where it is the capability itself of a measure to restrict trade which is uncertain.