Unconscionability In European Private Financial Transactions
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| Author | : Mel Kenny |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2010-06-24 |
| Genre | : Law |
| ISBN | : 1139487965 |
Given the unprecedented recent turmoil on financial markets we now face radically challenged, 'post-Lehmann' assumptions on protecting the vulnerable in financial transactions. This collection of essays explores conceptions of, and responses to, unconscionability and similar notions across Europe with specific reference to financial transactions. It presents a detailed analysis of concepts of unconscionability in Europe against a backdrop of Commission initiatives aimed, variously, at securing a single market in financial services, producing greater coherence in EC consumer protection law and consolidating European private law. This analysis illustrates, for example, that concepts of unconscionability depend on context and can be shaped by a variety of factors. It also illustrates that jurisdictions may choose to respond to questions of unconscionability through a variety of legal instruments located in different branches of the law rather than through a single doctrine. Thus this collection illuminates many of the obstacles facing harmonisation in this area.
| Author | : |
| Publisher | : BRILL |
| Total Pages | : 476 |
| Release | : 2023-02-17 |
| Genre | : Law |
| ISBN | : 9004534393 |
Protecting Financial Consumers in Europe provides an authoritative account of what is state-of-the-art in the field of contracts relating to selected financial services, and the resolution of disputes arising out of such contracts by ADR bodies in Europe, both at national and EU level.
| Author | : Andrius Smaliukas |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 372 |
| Release | : 2021-09-20 |
| Genre | : Law |
| ISBN | : 9403534834 |
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Lithuania deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Lithuania will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
| Author | : Gerard McCormack |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 505 |
| Release | : 2017-01-27 |
| Genre | : Law |
| ISBN | : 1786433311 |
Critically analysing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions.
| Author | : James Devenney |
| Publisher | : Cambridge University Press |
| Total Pages | : 337 |
| Release | : 2012-07-12 |
| Genre | : Law |
| ISBN | : 110701302X |
This topical collection of essays provides a detailed analysis of European consumer protection law in credit and investment.
| Author | : Dimitry Kochenov |
| Publisher | : BRILL |
| Total Pages | : 419 |
| Release | : 2015-07-28 |
| Genre | : Law |
| ISBN | : 9004299785 |
Good Neighbourliness in the European Legal Context provides the first detailed assessment of the essence and application of the principle of good neighbourly relations in the European legal context, illustrating its findings by a multi-faceted array of studies dedicated to the functioning of good neighbourly relations in a number of key fields of EU law. The main claim put forward in this book is that the principle of good neighbourly relations came to occupy a vital place in the Europan legal context, underpinning the very essence of the integration exercise.
| Author | : Larry A. DiMatteo |
| Publisher | : Cambridge University Press |
| Total Pages | : 623 |
| Release | : 2013-01-31 |
| Genre | : Law |
| ISBN | : 1107028086 |
Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.
| Author | : James Devenney |
| Publisher | : Cambridge University Press |
| Total Pages | : 475 |
| Release | : 2012-04-05 |
| Genre | : Law |
| ISBN | : 1107013011 |
This topical volume provides detailed analyses of European consumer protection law in both its theoretical and practical dimensions. Part I casts a critical light over consumer protection strategies and mechanisms in the EU, Part II critically explores responses to vulnerability and Part III contextualises aspects of European consumer protection law.
| Author | : Louise Gullifer |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 1152 |
| Release | : 2014-10-23 |
| Genre | : Law |
| ISBN | : 1782255192 |
The purpose of this book is to honour the influential and wide-ranging work of Professor Hugh Beale. It contains essays by twenty-five very distinguished authors, each of whom has worked with Professor Beale as a co-author, as a teaching colleague, during his time as Law Commissioner of England and Wales, or as part of the study groups working in Europe on contract and commercial law. The essays reflect different aspects of Professor Beale's interests. Some concentrate on English contract law, either from a historical or a current perspective, while others are focused on aspects of European contract law. There are four essays looking at current issues relating to security and financing, and, as befits a former Law Commissioner, three essays on law reform. The essays in the final section discuss trends in transnational and European commercial law. This book brings together the reflections of eminent writers from all over Europe on important issues facing contract and commercial law and will be of interest to all scholars and practitioners working in these areas.
| Author | : Gerhard Dannemann |
| Publisher | : OUP Oxford |
| Total Pages | : 1149 |
| Release | : 2013-03-21 |
| Genre | : Law |
| ISBN | : 0191668184 |
European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.
