Electronic Consumer Contracts In The Conflict Of Laws
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Electronic Consumer Contracts In The Conflict Of Laws
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Author : Zheng Sophia Tang
language : en
Publisher:
Release Date : 2015
Electronic Consumer Contracts In The Conflict Of Laws written by Zheng Sophia Tang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
"The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts."--Résumé de l'éditeur.
Electronic Consumer Contracts In The Conflict Of Laws
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Author : Zheng Sophia Tang
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-09-09
Electronic Consumer Contracts In The Conflict Of Laws written by Zheng Sophia Tang and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-09 with Law categories.
The application of private international law to electronic consumer contracts raises new, complex, and controversial questions. It is new because consumer protection was not a private international law concern until very recently and e-commerce only became an important commercial activity within the last ten years. E-consumer contracts generate original questions which have not been considered under traditional private international law theories. It is complex because it has to deal both with difficulties raised by consumer contracts and the challenges of e-commerce. Reasonable resolutions to consumer contracts may prove inappropriate in e-commerce, while effective approaches to resolving private international law problems in e-commerce may be improper for consumer contracts. It is controversial because it concerns the conflicting interests of consumers and businesses in a fast-moving commercial environment - a fair balance is therefore hard to achieve. Without proper solutions provided by private international law, consumers will not be confident about purchasing online, and businesses will face unreasonable risk and participation costs in e-commerce. Updated and properly designed private international law rules are essential to the further development of e-commerce. This book aims to provide an answer to the urgent requirement for legal certainty, security and justice in e-consumer contracts. It is primarily concerned with existing approaches to jurisdiction and choice of law issues in e-consumer contracts in the European Community and England, but some typical approaches in other jurisdictions are also examined. Based on the analysis and the comparative study of the existing law, the book seeks to provide a proposal as to what the law should be in order to provide certainty to both parties, to provide reasonable protection to consumers, and to promote the development of e-commerce.
Electronic Commerce And International Private Law
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Author : Lorna E. Gillies
language : en
Publisher: Routledge
Release Date : 2016-04-29
Electronic Commerce And International Private Law written by Lorna E. Gillies and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-29 with Business & Economics categories.
Electronic Commerce and International Private Law examines the maximization of consumer protection via the consumer's jurisdiction and law. It discusses the proposition that a new connecting factor be used to improve the efficiency of juridical protection for consumers who contract with foreign sellers by electronic means and offers recommendations as to how to amend existing jurisdiction and choice of law rules to provide a basis for the consumer to sue in his own jurisdiction and for the law of the consumer's domicile to apply. The book will be a valuable resource for academics, students and practitioners working in the areas of international private law, electronic commerce law and consumer law.
Codifying Choice Of Law Around The World
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Author : Symeon Symeonides
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Codifying Choice Of Law Around The World written by Symeon Symeonides and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
"The book is a comparative study of the choice-of-law codifications and convenƯ tions adopted in each of the inhabited continents in the last so years. Its main purpose is to document and inform rather than to critique. Although I do not always hide my opinion, I continue to act on the conviction that what we can learn from legislators is far more important than what they can learn from us" -- PREFACE.
Codifying Choice Of Law Around The World
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Author : Dean Symeon C. Symeonides
language : en
Publisher: Oxford University Press
Release Date : 2014-04-30
Codifying Choice Of Law Around The World written by Dean Symeon C. Symeonides 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 2014-04-30 with Law categories.
Codifying Choice of Law Around the World chronicles, documents, and celebrates the extraordinary, massive codification of Private International Law (PrIL), or Conflict of Laws that has taken place in the last 50 years, from 1962-2012. During this period, the world has witnessed the adoption of nearly 200 PrIL codifications, EU Regulations, and international conventions---more than in all preceding years since the inception of PrIL. This book provides a horizontal comparison and discussion of these codifications and conventions, first by comparing the way they resolve tort and contract conflicts, and then by comparing the answers of these codifications to the fundamental philosophical and methodological dilemmas of PrIL. In the process, this book re-examines and dispels certain widely held assumptions about choice of law, and the art and science of codification in general. Written by Symeon C. Symeonides, a renowned PrIL and comparative law expert with extensive first-hand experience in drafting codifications and advising other drafters, Codifying Choice of Law Around the World will serve as an indispensable point of reference for any serious study or discussion of PrIL, and comparative law.
Choice Of Law
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Author : Dean Symeon C. Symeonides
language : en
Publisher: Oxford University Press
Release Date : 2016-04-15
Choice Of Law written by Dean Symeon C. Symeonides 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 2016-04-15 with Law categories.
Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.
The Law Applicable To Cross Border Contracts Involving Weaker Parties In Eu Private International Law
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Author : María Campo Comba
language : en
Publisher: Springer Nature
Release Date : 2020-12-07
The Law Applicable To Cross Border Contracts Involving Weaker Parties In Eu Private International Law written by María Campo Comba and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-07 with Law categories.
This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU’s objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU’s current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU’s current approach to private international law. This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.
Research Handbook On Eu Internet Law
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Author : Andrej Savin
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-09-26
Research Handbook On Eu Internet Law written by Andrej Savin 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 2014-09-26 with Law categories.
This innovative book provides an overview of the latest developments and controversies in European Internet law. It is grouped in sections that correspond to the most disputed areas, looking consecutively at policy and governance, copyright, private in
Tourists Consumer Contracts And Private International Law In China
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Author : Zhen Chen
language : en
Publisher: Springer Nature
Release Date : 2025-03-29
Tourists Consumer Contracts And Private International Law In China written by Zhen Chen and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-29 with Law categories.
This book explores the intersection of consumer contracts and private international law, with a specific focus on tourists in China. The primary aim is to analyze how private international law addresses consumer protection issues, particularly for tourists, and to come up with legislative proposals to improve consumer protection in China. By examining current legislative provisions, case studies, and judicial practices, the book provides a comprehensive understanding of consumer protection in Chinese private international law and potential legal reforms to enhance consumers’ access to justice in cross-border litigation. The increasing globalization and mobility of consumers, especially tourists, call for robust legal frameworks to protect their rights across borders. While China does endeavor to protect consumers, the current regulations in Chinese private international law remain insufficient. Consumers, including tourist consumers, still encounter major obstacles in international civil litigation. This book highlights the strengths and weaknesses of China’s legal system, offering insights for potential legal reforms to enhance consumer protection there. This book is intended for academics, legal practitioners, policymakers, and students with an interest in private international law, consumer protection, and comparative law. It also offers a valuable resource for international organizations involved in consumer rights and tourism. By providing a focused analysis of tourist-related consumer contracts in China, it fills a critical gap in the existing literature.
The Choice Of Law Contract
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Author : Maria Hook
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-09-22
The Choice Of Law Contract written by Maria Hook and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-22 with Law categories.
This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.