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Author: Geraint Howells
Publisher: Routledge
ISBN: 1317163176
Category : Law
Languages : en
Pages : 194
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Book Description
For many years, legislators around the world have responded to the particular needs of consumers by introducing dedicated rules for consumer sales contracts. In the European Union, a significant push came through the adoption of the Consumer Sales Directive (99/44/EC). Elsewhere in the world, legislation focusing on consumer sales contracts has been introduced, for example in New Zealand and Australia. This book offers a snapshot of the current state of consumer sales law in a range of jurisdictions around the globe. It provides both an overview of the law in selected jurisdictions and compares the application of these rules in the context of two case scenarios.
Author: Geraint Howells
Publisher: Routledge
ISBN: 1317163176
Category : Law
Languages : en
Pages : 194
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Book Description
For many years, legislators around the world have responded to the particular needs of consumers by introducing dedicated rules for consumer sales contracts. In the European Union, a significant push came through the adoption of the Consumer Sales Directive (99/44/EC). Elsewhere in the world, legislation focusing on consumer sales contracts has been introduced, for example in New Zealand and Australia. This book offers a snapshot of the current state of consumer sales law in a range of jurisdictions around the globe. It provides both an overview of the law in selected jurisdictions and compares the application of these rules in the context of two case scenarios.
Author: Cătălina Goanța
Publisher:
ISBN: 9781780685168
Category : Consumer protection
Languages : en
Pages : 401
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Book Description
Author: McGill University. Institute of Foreign and Comparative Law
Publisher: McGill University ; Dobbs Ferry, N.Y. : Oceana Publications
ISBN:
Category : Commercial law
Languages : en
Pages : 500
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Book Description
Author: Sanne Jansen
Publisher:
ISBN: 9781780687629
Category : Remedies (Law)
Languages : en
Pages : 191
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Book Description
This book is an in-depth study of the US and EU approaches towards consumer sales remedies. It does not limit itself to a mere comparison of the hierarchy of consumer sales remedies but covers the topic comprehensively, also examining (extra)judicial application of remedies and notification duties. Whereas EU rules prescribe a very strict hierarchy of remedies that are often misunderstood by consumers, and are very favourable towards the remedy of specific performance (or performance in kind), in the US a strong preference for damages can be found. This means that consumers often do not know which remedy they are exactly entitled to or how to invoke it in a correct manner. Learning from both systems, Consumer Sales Remedies in US and EU Comparative Perspective provides a valuable and insightful contribution to the discussion of what the organisation of remedies should look like to best protect consumers. It is written at a time when the EU is considering a 'new' consumer sales Directive, and US scholars are working on the restatement of consumer contract law. It proposes to give consumers a free choice, limited by good faith and proportionality only. Dr Sanne Jansen is a judicial trainee in Antwerp, Belgium and research fellow at the Institute for the Law of Obligations at KU Leuven, Belgium. She is a member of the editorial board of the DCCR and TBH.
Author: Christoph Jeloschek
Publisher: sellier. european law publ.
ISBN: 3935808887
Category : Consumer protection
Languages : en
Pages : 251
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Book Description
Is there a place for examination and notification duties in consumer sales law? According to Dutch law, there is. Other countries, such as England or Germany, oppose this view. It is therefore only fair to ask why the consumer should actually lose his rights in the event of lack of conformity of the goods if he has failed to lodge his complaint within a reasonable time. This book finds that functional arguments relating to such cut-off duties are not convincing. When introducing such duties into consumer sales law, one fails to look critically at the rationale that originated in the realm of commercial sales law. It therefore can be concluded that the answer to above question is necessarily a political one. As long as certain minimum requirements of consumer protection are not left out of consideration, there is nothing wrong with such a political choice that may well be different in different countries.
Author: E. H. Hondius
Publisher: sellier. european law publ.
ISBN: 3935808615
Category : Contracts for work and labor
Languages : en
Pages : 526
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Book Description
The sales contact has served as the paradigm for contracts in general. Moreover, it is also probably the most common contract, and certainly the most common consumer contract that there is. Furthermore, there are many mixed transactions that contain a certain element of sale, such as distribution contracts or all sorts or manufacturing contracts. This book presents the rules regarding sales contracts under European law. The principles examined here start from the idea of a uniform regime for all kind of sales transactions. Moreover, these principles aim to meet the needs of international and national commerce alike and attempt to create a truly uniform sales law, bridging the differentiation into different settings, different parties to the contract, and different object of sales. However, when deemed necessary, certain provisions are declared mandatory in consumer sales in order to protect the weaker party in the transaction involved. To that end, a balance is struck between the two major international instruments in this area, the CISG (Contracts for the International Sale of Goods) and the Consumer Sales Directive. Moreover, during the drafting process, comparative material from over 20 different EU Member States has been taken into account. The work is not only a presentation of a future model for European rules to come, but also provides a fairly detailed indication of the present legal situation in the Member States.
Author: Cătălina Goantă
Publisher:
ISBN: 9781780684314
Category : Consumer protection
Languages : en
Pages : 0
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Book Description
Aiming to fill a gap in existing literature, this book contains an empirical study of the converging effects of the harmonisation policies used by the European lawmaker in consumer sales law.
Author: Javier Plaza Penadés
Publisher: Springer
ISBN: 3319104977
Category : Law
Languages : en
Pages : 314
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Book Description
This book presents a complete and coherent view of the subject of Common European Sales Law from a range of European perspectives. The book offers a comparison of the CESL with the CISG, as well as pre-existing instruments, including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL). It analyses the process of enactment of CESL and its scope of application, covering areas such as the sale of goods, the supplying (licensing) of digital content, the supply of trade-related services, and consumer protection. It examines the design of the CESL bifurcating businesses into large and small-to-medium sized enterprises, and the providing of rules covering digital content and the supply of trade-related services. Lastly, it studies the field of application of the CESL combined with the already existing EU consumer protection laws, as well as nation-specific laws.
Author: Hans-W. Micklitz
Publisher: Springer
ISBN: 3319784315
Category : Law
Languages : en
Pages : 717
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Book Description
The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.
Author: Geraint G. Howells
Publisher: Dartmouth Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 360
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Book Description
This book provides a grounding in the principles of product liability and examines how they have been tackled by different legal systems. In particular the author looks at European developments against the background of, for example, the United States, where the concern to protect consumers of defective products has led to something of a products liability crisis - large damage awards plus strict liability have meant that it is difficult for some industries to obtain insurance - and New Zealand, where a no fault compensation scheme operates. The book provides an understanding of the process by which European laws are harmonized, by analyzing the European Directive on Product Liability - and assesses how effective the measures taken have been in the European Community and elsewhere.
