Perspectives for European Consumer Law
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Edited by:
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About this book
The forthcoming Directive on Consumer Rights is part of a far-reaching European development in the field of consumer law and general contract law. The European Commission has initiated the long expected broad shift to full harmonisation. This puts the national laws and all lawyers applying it under new challenges. In future, the Member States will be prohibited from deviations not only "downwards" but also "upwards". In particular the relation between (EC and national) consumer law and general contract law is under question.
The Czech EU Presidency in the first half of 2009 gave the occasion for a conference organised by the Charles University, the Acquis Group and the Czech European Consumer Center at Prague. Leading contract law scholars, policy makers and stakeholders from across Europe put the Proposal under close scrutiny from political, legal and practical angles. This volume contains the results of the conference and thus responds to the question of the extent to which the Proposal offers indeed perspectives for European consumer law. It also contains a position paper elaborated by the Acquis Group in the aftermath of the conference which highlights strengths and weaknesses and suggests improvements of the Proposal.
Supplementary Materials
Topics
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Frontmatter
I -
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Contents
V -
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Introduction
1 - Part I: The Proposal for a Directive on Consumer Rights
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Pre-contractual information duties: the foreseeable failure of full harmonization
7 -
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The right of withdrawal
13 -
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The provisions on consumer sales
23 -
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Core issues of consumer sales law
45 -
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Unfair terms in consumer contracts
59 -
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Unilateral change of contractual terms
77 - Part II: Political, Practical and Theoretical Perspectives of the Proposal
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The new Directive on Consumer Protection: objectives from the perspective of the EU and the Member States
91 -
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Some remarks on the Proposal of a Directive on Consumer Rights
97 -
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The judiciary and consumer protection
99 -
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Contracts concluded away from business premises and contracts concluded through distance communication in the light of the Proposal for a Directive on Consumer Rights
109 -
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The system of consumer law on its way to integration into the system of private law
117 - Annexes
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Proposal for a Directive on Consumer Rights
129 -
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Position Paper on the Proposal for a Directive on Consumer Rights
157