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Unfair Contract Terms in European Law: A Study in Comparative and EC Law: Modern Studies in European Law

Autor Paolisa Nebbia
en Limba Engleză Hardback – 7 feb 2007
The book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation with a twofold aim: first, to understand the extent to which the Directive has influenced and will influence fundamental notions and principles of contract law in the domestic legal systems of the Member States; second, it examines the extent to which the domestic legal traditions of the Member States have influenced the process of drafting of the Directive and, more importantly, will affect the way that the Directive is interpreted and applied in national courts. The focus is mainly on English law (including the 2005 Unfair Terms in Contracts Bill) and on Italian law, but frequent references are made to the French and the German systems. At the same time, the book has a broader, more 'European' concern, in that it aims to distill from the existing Community acquis and from the history and rationale of Directive 93/13 notions and concepts that could guide its interpretation. It is well known that Community law uses terminology which is peculiar to it, and that legal concepts do not necessarily have the same meaning in EC law and in the law of the various Member States: every provision of Community law must be placed in its context and interpreted in the light of its own objectives and rationale, and of the objectives and rationale of Community law as a whole. In this respect, this book aims to identify the contours and features of the emerging European legal tradition, and to assess the impact that this may have on the domestic traditions.
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Specificații

ISBN-13: 9781841135946
ISBN-10: 1841135941
Pagini: 246
Dimensiuni: 156 x 234 x 19 mm
Greutate: 0.51 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Modern Studies in European Law

Locul publicării:London, United Kingdom

Caracteristici

This new book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation in the UK (up until the drafting of the 2005 Unfair Terms in Contracts Bill).

Notă biografică

Paolisa Nebbia is a Fellow and Tutor in Law of St Hilda's College, Oxford.

Cuprins

1. Introduction2. Directive 93/13 and EC Consumer Law and PolicyA brief outline of Directive 93/13The EC involvement in consumer policy and the roots of Directive 93/13The rationale of the directive: the internal market argumentThe consumer protection argumentThe future of Directive 93/133. Unfair Terms Regulation: A Comparative StudyOverviewThe rationale of unfair terms control in Italy and EnglandImplementation of Directive 93/13 in England and in Italy4. Unfair Terms Control in England and ItalyFormal controlsSubstantive controlsDifferent methods of adjudication5. Subjective Scope of ApplicationThe consumer in EC lawNational traditionsAreas of conflict between the domestic and the European definitionsThe business party6. Application to Public ServicesThe national traditionsA 'European' approach to public services in Directive 93/137. Objective Scope of ApplicationIndividually negotiated terms'Core' exclusionsContracts relating to land8. Formal and Substantive ControlsFormal controlsSubstantive controlsDifferent methods of adjudication9. ConclusionConvergence and divergence in the interpretation of Directive 93/13The European Court of Justice as the engine of European integration?

Recenzii

...an excellent example for comparative studies in the field of European Consumer Law.
A welcome contribution to European scholarship.This is a well-written book.

Descriere

The book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation.