Consumer Vulnerability And Welfare In Mortgage Contracts
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Consumer Vulnerability And Welfare In Mortgage Contracts
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Author : Irina Domurath
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-11-30
Consumer Vulnerability And Welfare In Mortgage Contracts written by Irina Domurath and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Law categories.
This book advocates a new way of thinking about mortgage contracts. This claim is based on the assumption that we currently live in a political economy in which consumer debt fulfils a social function. In the field of housing this is evidenced by the expansion of mortgage credit through which consumers are to purchase residential property as a means of social inclusion and personal welfare. It is suggested that contract law needs to adjust to this new social function in order to avoid welfare losses in terms of default, over-indebtedness, and possibly eviction. To this end, this book analyses theoretical contract law frameworks and makes concrete proposals for contract law in the EU legal order.
Consumer Vulnerability And Welfare In Mortgage Contracts
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Author : Irina Domurath
language : en
Publisher: Hart Publishing
Release Date : 2017
Consumer Vulnerability And Welfare In Mortgage Contracts written by Irina Domurath and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with LAW categories.
"This book advocates a new way of thinking about mortgage contracts. This claim is based on the assumption that we currently live in a political economy in which consumer debt fulfils a social function. In the field of housing, this is evidenced by the expansion of mortgage credit through which consumers are to purchase residential property as a means of social inclusion and personal welfare. It is suggested that contract law needs to adjust to this new social function in order to avoid welfare losses in terms of default, overindebtedness, and possibly eviction. To this end, this book analyses theoretical contract law frameworks and makes concrete proposals for contract law in the EU legal order."--Résumé de l'éditeur.
Vulnerable Consumers And The Law
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Author : Christine Riefa
language : en
Publisher: Routledge
Release Date : 2020-10-27
Vulnerable Consumers And The Law written by Christine Riefa and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-27 with Law categories.
This book charts the difficulties encountered by vulnerable consumers in their access to justice, through the contributions of prominent authors (academic, practitioners and consultants) in the field of consumer law and access to justice. It demonstrates that despite the development of ADR, access to justice is still severely lacking for the vulnerable consumer. The book highlights that a broad understanding of access to justice, which encompasses good regulation and its public enforcement, is an essential ingredient alongside access to the mechanisms of traditional private justice (courts and ADR) to protect the vulnerable consumer. Indeed, many of the difficulties are linked to normative obstacles and lack of access to justice is primarily a vulnerability in itself that can exacerbate existing ones. In addition, because it may contribute to ‘pushing’ already vulnerable consumers into social exclusion it is not simply about economic justice but also about social justice. The book shows that lack of access to justice is not irreversible nor is it necessarily linked to consumer apathy. New technologies could provide solutions. The book concludes with a plea for developing ‘inclusive’ justice systems with more emphasis on public enforcement alongside effective courts systems to offer the vulnerable with adequate means to defend themselves. This book will be suitable for both students and practitioners, and all those with an interest in the justice system.
Justifying Contract In Europe
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Author : Martijn Willem Hesselink
language : en
Publisher: Oxford University Press
Release Date : 2021
Justifying Contract In Europe written by Martijn Willem Hesselink and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
This title uses contemporary political theories to address fundamental questions on European contract law. It also places these theories in the context of the current European contract law landscape. This book highlights future options for contract law in the EU, and how it may need to change.
Creditworthiness And Responsible Credit
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Author : Noah Vardi
language : en
Publisher: BRILL
Release Date : 2022-09-12
Creditworthiness And Responsible Credit written by Noah Vardi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-12 with Law categories.
Responsible credit is a policy much discussed by legislators and stakeholders, especially in the aftermath of the global financial crisis of 2007-2008. Creditworthiness and “Responsible Credit” questions how this policy currently finds implementation in EU and US law and the principal instruments used for this scope, including the duty of creditworthiness assessment of borrowers. Noah Vardi analyzes the fundamental and often overlooked notion of “creditworthiness” from a comparative perspective and examines the critical interaction between policies of access to credit, financial inclusion, and responsible lending.
The Future Of The Person
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Author : Hans-W. Micklitz
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-03-06
The Future Of The Person written by Hans-W. Micklitz and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-06 with Law categories.
This book rigorously debates the notion of the person, a fundamental concept which underpins national private law orders worldwide. In the 20th century, the unity of the person came under pressure firstly through the rise of labour law and then secondly (post-World War II) through consumer law. The book moves this debate on, exploring the ongoing fragmentation of the concept of the person and the unique challenges that this gives rise to, and suggesting how this might impact on the future of private law. The book asks three questions: *are the 'subject' of the 19th-century Codes or the 'person' of 20th-century constitutions useful categories of reference for the person? *could fundamental rights, currently central to the notion of the person, be replaced by forms of the 'impersonal'? *how, and why, should subjectivities be rethought in the age of infocracy and autocracies? Thought-provoking and paradigm-shifting, this is a fascinating examination of the bedrock of private law.
Landmark Cases In Consumer Law
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Author : Jodi Gardner
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-01-11
Landmark Cases In Consumer Law written by Jodi Gardner and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-11 with Law categories.
This book analyses the history of the common law foundations of consumer law, and encourages readers to rethink the role that consumer law plays in our society. Consumer law is often constructed as purely statute-based law. However – as this collection will demonstrate – this is far from the truth. Much of the history of the common law concerns consumer transactions and markets. Case law has often established or modified the ground rules of consumer markets, has had a patterning effect on the economic organisation of markets, and has expressed cultural visions of the market and consumers. An analysis of landmark cases of consumer law allows many traditional cases to be viewed through a new and distinct lens, providing significant academic and intellectual value. The collection also includes a unique socio-legal perspective, considering the role that consumer law has played in addressing racial discrimination, LGBTQ challenges and the rights of women. This collection of landmark cases demonstrates the theoretical and practical significance of consumer law through a wide range of contributions by distinguished authors from the United Kingdom, Europe, the United States and Australia.
Uncovering European Private Law
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Author : Marija Bartl
language : en
Publisher: Open Book Publishers
Release Date : 2025-06-05
Uncovering European Private Law written by Marija Bartl and has been published by Open Book Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-05 with Law categories.
Aimed at bridging a crucial gap in legal education, Uncovering European Private Law provides a comprehensive introduction to the evolving field of European private law. This innovative handbook addresses the interplay of national, European, and transnational rules governing relationships between private actors, including individuals and businesses. Designed with students in mind, this volume not only covers foundational concepts but also explores cutting-edge developments in areas such as contract, tort, property, and company law. What sets this handbook apart is its contextual approach. By integrating societal and theoretical perspectives, it encourages students to critically evaluate private law's role in addressing global challenges like digitalization, sustainability, and globalization. Gathering the expertise of over twenty international law scholars, the handbook reflects the expertise of academics deeply engaged in teaching and research. With structured chapters and accessible narratives, this handbook replaces piecemeal materials previously used in courses. It offers coherence and depth, making it an essential resource for understanding the legal frameworks that shape commerce, legal practice, and broader societal issues. Whether for mandatory or elective courses, this guide empowers students to navigate and critically assess the dynamic field of European private law providing an essential resource for the private lawyers of the future.
Legal Pluralism In European Contract Law
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Author : Vanessa Mak
language : en
Publisher: Oxford University Press
Release Date : 2020-09-11
Legal Pluralism In European Contract Law written by Vanessa Mak and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-11 with Law categories.
The relevance of contracting and self-regulation in consumer markets has increased rapidly in recent years, in particular in the platform economy. Online platforms provide opportunities for businesses and consumers to connect with strangers, often across borders, trading products, and services. In this new economy, platform operators create, apply and enforce their own rules in their contractual relationships with users. This book examines the substance of these rules and the space for private governance beyond the reach of state regulation. Vanessa Mak explores recent developments in lawmaking 'beyond the state' with case studies focusing on companies such as Airbnb and Amazon. The book asks how common values and objectives of EU law, such as consumer protection and contractual fairness, can be safeguarded when lawmaking shifts to a space outside the reach of state law.
The Financialisation Of The Citizen
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Author : Guido Comparato
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-08-23
The Financialisation Of The Citizen written by Guido Comparato and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-23 with Law categories.
This book discusses the role of private law as an instrument to produce financial and social inclusion in a context characterised by the redefinition of the role of the State and by the financialisation of society. By depicting the political and economic developments behind the popular idea of financial inclusion, the book deconstructs that notion, illustrating the existence and interaction of different discourses surrounding it. The book further traces the evolution of inclusion, specifically in the European context, and thus moves on to analyse the legal rules which are most relevant for the purposes of bringing about the financialisation of the citizen. Hence, the author focuses more on four highly topical areas: access to a bank account, access to credit, over indebtedness, and financial education. Adopting a critical and inter-disciplinary approach, The Financialisation of the Citizen takes the reader through a top-down journey starting from the political economy of financialisation, to the law and policy of the European Union, and finally to more specific private law rules.