Control Of Price Related Terms In Standard Form Contracts
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Control Of Price Related Terms In Standard Form Contracts
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Author : Yeşim M. Atamer
language : en
Publisher: Springer Nature
Release Date : 2019-11-19
Control Of Price Related Terms In Standard Form Contracts written by Yeşim M. Atamer and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-19 with Law categories.
This book explores various approaches around the world regarding price term control, and particularly discusses the effectiveness of two major paths: ex ante regulatory and ex post judicial intervention. Price control and its limits are issues that affect all liberal market economies, as well as more regulated markets. For the past several years, courts in many different countries have been confronted with the issue of whether, and to what extent, they should intervene regarding price-related terms in standard form contracts – especially in the area of consumer contracts. Open price clauses, flat remunerations, price adjustment clauses, clauses giving the seller/supplier the right to ask for additional payments, bundling or partitioning practices, etc.: a variety of price related terms are used to manipulate customers’ choices, often also by exploiting their behavioral biases. The result is an unfavorable contract that is later challenged in court. However, invalidating a given price term in standard forms e.g. of a banking or utilities contract only has an inter partes effect, which means that in thousands if not millions of similar contracts, the same clauses continue to be used. Effective procedural rules are often lacking. Therefore, pricing patterns that serve to hide rather than to reveal the real cost of goods and services require special attention on the part of regulators. The aim of this book is to determine the various approaches in the world regarding price term control, and particularly to discuss the efficiency of both paths, ex ante regulatory and ex post judicial intervention. Thanks to its broad comparative analysis, this book offers a thorough overview of the methods employed in several countries. It gathers twenty-eight contributions from national rapporteurs and one supra-national rapporteur (EU) to the 2018 IACL Congress held in Fukuoka. These are supplemented by a general report presented at the same IACL Congress, which includes a comparative analysis of the national and supranational reports. The national contributors hail from around the globe, including Africa (1), Asia (5), Europe (17), the European Union (1) and the Americas (5).
Consumer Law And Economics
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Author : Klaus Mathis
language : en
Publisher: Springer Nature
Release Date : 2020-08-31
Consumer Law And Economics written by Klaus Mathis and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-31 with Law categories.
This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.
General Reports Of The Xxth General Congress Of The International Academy Of Comparative Law Rapports G N Raux Du Xx Me Congr S G N Ral De L Acad Mie Internationale De Droit Compar
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Author : Katharina Boele-Woelki
language : en
Publisher: Springer Nature
Release Date : 2020-12-17
General Reports Of The Xxth General Congress Of The International Academy Of Comparative Law Rapports G N Raux Du Xx Me Congr S G N Ral De L Acad Mie Internationale De Droit Compar written by Katharina Boele-Woelki and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-17 with Law categories.
This book explores convergences of legal doctrine despite jurisdictional, cultural and political barriers, as well as divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading experts from all continents, its 26 chapters present a comparative analysis of cutting-edge legal issues of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. Several of the chapters show how, in addition to state normative production and state adjudication, a growing panoply of non-state instruments and non-state adjudication are becoming more and more central to the legal field. This book is a key addition to the library of any scholar wanting to keep abreast of the major trends in contemporary law. Representing the current state of law in a vast range of areas, it covers each topic from a comparative perspective. Cet ouvrage, en examinant des sujets d'une importance vitale pour les juristes contemporains, traite des convergences de la doctrine juridique malgré les barrières juridictionnelles, culturelles et politiques ainsi que des divergences dues à ces barrières. Écrits par d'éminents universitaires de tous les continents, ses 26 chapitres présentent une analyse comparative de sujets juridiques majeurs du 21e siècle. Dans un monde technologiquement avancé, bien que chaque pays analysé dans cet ouvrage demeure autonome en tant qu'État souverain, l’ensemble des systèmes disparates présente néanmoins des stratégies comparables pour traiter des questions juridiques complexes. En outre, plusieurs chapitres montrent comment, en plus de la production normative et de la résolution des différends étatiques, la panoplie croissante de différents types d'instruments non étatiques et de résolution non étatique des différends devient de plus en plus centrale dans la sphère juridique. Cet ouvrage est un ajout essentiel à la bibliothèque de tout universitaire souhaitant se tenir au courant des principales tendances du droit contemporain. Il couvre un vaste domaine de sujets traités d'un point de vue comparatif et représente l'état actuel du droit dans chaque domaine.
Protecting Financial Consumers In Europe
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Author :
language : en
Publisher: BRILL
Release Date : 2023-02-17
Protecting Financial Consumers In Europe written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-17 with Law categories.
This book provides a thorough and up-to-date account of what is state-of-the-art in the field of contracts relating to selected financial services such as insurance, loans and payments services. It also explores the resolution of disputes arising out of such contracts by ADR bodies in Europe, at national and EU level. In parallel with offering a comparative survey of the most recent legal developments in Europe, the book sheds light on the significance of financial ombudsman bodies for the efficient resolving of consumer disputes. Further, the book illustrates solutions and policies aimed at ensuring a high level of consumer financial education.
Chinese Contract Law Theory Practice Second Edition
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Author : Mo Zhang
language : en
Publisher: BRILL
Release Date : 2019-12-16
Chinese Contract Law Theory Practice Second Edition written by Mo Zhang and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-16 with Law categories.
Chinese Contract Law (2nd Ed) offers an in-depth analysis of the contract making process, performance and remedies in the legal framework established under the current regulatory scheme governing contracts in China. The book discusses various contract issues from theoretic and practical viewpoints, and addresses major contractual matters in a comparative way. It examines the law of contracts as drafted, interpreted and applied with Chinese characteristics. The second edition comprises the latest developments in contract legislation, adjudication and practices in China, including the newly adopted laws, judicial interpretations and guiding cases. It emphasizes contextual distinctions and transactional considerations relevant to contract research and practice. The book provides a meaningful tool to get inside the contemporary contract law of China.
The Common European Sales Law In Context
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Author : Gerhard Dannemann
language : en
Publisher: Oxford University Press
Release Date : 2013-03-21
The Common European Sales Law In Context written by Gerhard Dannemann 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 2013-03-21 with Business & Economics categories.
The recently proposed Common European Sales Law is intended to overcome differences between national contract laws. 19 chapters, co-authored by British and German scholars, investigate for the first time how the projected CESL would interact with various aspects of English and German law.
Asean Consumer Law Harmonisation And Cooperation
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Author : Luke Nottage
language : en
Publisher: Cambridge University Press
Release Date : 2019-09-19
Asean Consumer Law Harmonisation And Cooperation written by Luke Nottage and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-19 with Law categories.
The first Western-language research monograph detailing significant developments in consumer law and policy across Southeast Asia. Eight chapters examine consumer law topics within ASEAN member states such as product safety and consumer contracts as well as financial and health services, plus the interface with competition law.
German Banking Law And Practice In International Perspective
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Author : Norbert Horn
language : en
Publisher: Walter de Gruyter
Release Date : 2011-04-20
German Banking Law And Practice In International Perspective written by Norbert Horn and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-20 with Law categories.
No detailed description available for "German Banking Law and Practice in International Perspective".
The Law Of Contract
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Author : Hugh Collins
language : en
Publisher: Cambridge University Press
Release Date : 2003-07
The Law Of Contract written by Hugh Collins and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-07 with Law categories.
This volume provides an advanced analysis of the law of contract for undergraduate courses covering the law of contract and the law of obligations.
Handbook Of Research On International Consumer Law
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Author : Geraint G. Howells
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010
Handbook Of Research On International Consumer Law written by Geraint G. Howells and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
This is a truly international effort, and one with a strong commitment to human rights by the highly reputable authors coming from different jurisdictions! The many facets of today s consumer law are presented to the reader, including developing countries a fascinating effort in a dynamically emerging field of law! We are comprehensively informed about such bread and butter areas as advertising, unfair terms, consumer guarantees, product safety and liability, consumer credit, and redress. But traditional consumer law concepts and remedies are facing challenges in more complex areas, like services of general internet where consumers and private users should enjoy equal access to universal services , with the internet where speed must not be a pretext to eliminate standards of fair dealing, with risky investment services under the problematic paradigm shift from investor protection to investor confidence . A book to read, to think about, to work with for everybody interested in the future of consumer markets and law in a time of economic crisis! Norbert Reich, University of Bremen, Germany This is a richly interesting collection of essays, written by leading names in the field. It offers a thoroughly reliable survey of key tensions and challenges in modern consumer law and brilliantly combines thematic overview with detailed analysis. It will stimulate comparative thinking, it will provide a source of information and it will be welcomed by consumer law scholars all over the world. Stephen Weatherill, University of Oxford, UK Consumer law and policy has emerged in the last half-century as a major policy concern for all nations. This Handbook of original contributions provides an international and comparative analysis of central issues in consumer law and policy in developed and developing economies. The Handbook encompasses questions of both social policy and effective business regulation. Many of the issues are common to all countries and are becoming increasingly globalised due to the growth in international trade and technological developments such as the Internet. The authors provide a broad coverage of both substantive topics and institutional questions concerning optimal approaches to enforcement and the role of class actions in consumer policy. It also includes comparative insights into the influential EU and US models of consumer law and relates consumer law to contemporary trends in human rights law. Written by a carefully selected group of international experts, this text represents an authoritative resource for understanding contemporary and future developments in consumer law. This Handbook will provide students, researchers and policymakers with an insight to the main policy debates in each context and provide models of legal regulation to assist in the evaluation of laws and the development of consumer law and policy.