Modernising and Harmonising Consumer Contract Law
:
Geraint Howells, Reiner Schulze
:
Geraint Howells, Reiner Schulze (Eds.)
:
Modernising and Harmonising Consumer Contract Law
:
sellier.european law publishers
:
9783866538603
:
1
:
CHF 61.30
:
:
Internationales Recht, Ausländisches Recht
:
English
:
332
:
DRM
:
PC/MAC/eReader/Tablet
:
PDF
< >In October 2008 the European Commission published its Proposal for a Consumer Rights Directive which puts forward far-reaching changes to the core of consumer contract law: Four current directives are to be replaced by a new, overarching piece of legislation and in doing so full harmonisation for the most part is to take the place of the minimum standard presently in force in the EU. Although a welcome initiative, the extent and possible effects of the Proposal have certainly brought a number of issues to the fore. In January 2009, legal experts from universities, practice and the civil service met to address the points raised by the Proposal and the question of the extent to which it can indeed contribute to the modernisation and harmonisation of European consumer contract law. The papers presented at this conference analysed, criticised and suggested improvements for the Proposal and are published in this volume.
Foreword
6
Contributors
8
Contents
10
Overview of the Proposed Consumer Rights Directive
14
Scope and Role of the Horizontal Directive and its Relationship to the CFR
40
The Targeted Full Harmonisation Approach: Looking Behind the Curtain
58
Regulating Transactions: Good Faith and Fair Dealing
98
Unfair Terms
126
Fit for Purpose? The Proposals on Sales
158
A Dangerous Erosion of Consumer Rights: The Absence of a Right to Withdraw from Online Auctions
188
Direct Producer Liability
200
Information Requirements
224
Rights of Withdrawal
248
The Remedies for Non-Performance in the Proposed Consumer Rights Directive and the Europeanisation of Private Law
290
The Draft Directive on Consumer Rights and UK Consumer Law – Where now?
300
The Degree of Harmonisation in the Proposed Consumer Rights Directive: A Review in Light of Liability for Products
316
