scholarly journals Definitions and Scope of Application of the Consumer Rights Directive － Along with the Legislative Direction to improve our Consumer Contract Law －

2015 ◽  
Vol 23 (2) ◽  
pp. 105-144 ◽  
Author(s):  
Chinwoo Kim
Keyword(s):  
Contract Law ◽  
Consumer Contract ◽  
Consumer Rights ◽  
Scope Of Application

scholarly journals Contratos de compraventa de bienes (Directiva 2019/771) y suministro de contenidos o servicios digitales (Directiva 2019/770) – ámbito de aplicación y grado de armonización = Sale of goods (Directive 2019/771) and supply of digital content and digital services (Directive 2019/770) – scope and degree of harmonisation

2020 ◽  
Vol 12 (1) ◽  
pp. 930
Author(s):  
Jorge Morais Carvalho
Keyword(s):  
European Union ◽  
Contract Law ◽  
Digital Content ◽  
Official Journal ◽  
The European Union ◽  
Consumer Contract ◽  
Member States ◽  
European Consumer ◽  
Digital Services ◽  
Scope Of Application

Resumen: La Directiva 2019/770, relativa a determinados aspectos de los contratos de suministro de contenidos y servicios digitales, y la Directiva 2019/771, relativa a determinados aspectos de los contratos de compraventa de bienes, publicadas en el Diario Oficial de la Unión Europea en mayo de 2019, representan un hito muy importante en el Derecho contractual europeo en materia de consumo. En el presente texto se analiza el ámbito de aplicación de estos dos instrumentos jurídicos y se destaca el margen de arbitrio que tienen los Estados miembros, señalando los aspectos en los que habrá que modificar el Derecho nacional, en algunos casos reduciendo el nivel de protección de los consumidores.Palabras clave: consumidor, compraventa de bienes, contenido digital, servicio digital, Direc­tiva 2019/770, Directiva 2019/771.Abstract: Directive 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services and Directive 2019/771 on certain aspects concerning contracts for the sale of goods, published in the Official Journal of the European Union in May 2019, represent a very impor­tant milestone in European consumer contract law. Throughout this text, an analysis is carried out of the scope of application of these two legal instruments, highlighting the margin of discretion that Member States have and pointing out aspects where national law will have to be modified, in some cases by re­ducing the level of consumer protection.Keywords: consumer, sales contract, digital content, digital services, Directive 2019/770, Di­rective 2019/771.

Articulating the Task of EU Translation

2018 ◽  
Author(s):  
C.J.W. Baaij
Keyword(s):  
Cultural Diversity ◽  
Contract Law ◽  
Internal Market ◽  
Language Diversity ◽  
Eu Law ◽  
Consumer Contract ◽  
Eu Legislation ◽  
Policy Objectives ◽  
Legal Integration

The task that EU Translation needs to accomplish originates from the combined policy objectives of legal integration and language diversity, which in turn rest on two EU fundamental principles: the advancement of a European Internal Market and the respect and protection of Europe’s cultural diversity, respectively. However, a comparison of language versions of EU legislation in the field of consumer contract law illustrates the ways in which the multilingual character of EU legislation might hamper the uniform interpretation and application of EU law. It articulates why pursuing effective legal integration and protecting language diversity requires EU translators and lawyer–linguists to accomplish absolute concordance between language versions.

Commentaries on European Contract Laws

2018 ◽  
Author(s):  
Nils Jansen ◽  
Reinhard Zimmermann
Keyword(s):  
Contract Law ◽  
Integrative Approach ◽  
Consumer Contract ◽  
European Contract ◽  
Related Services ◽  
Broad Perspective ◽  
Complex Picture ◽  
General Contract Law ◽  
Common European Sales Law ◽  
European Contract Law

The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

The current limits of European harmonisation in consumer contract law

ERA Forum ◽  
2011 ◽  
Vol 12 (1) ◽  
pp. 39-57 ◽  
Author(s):  
Geraint Howells ◽  
Norbert Reich
Keyword(s):  
Contract Law ◽  
Consumer Contract ◽  
European Harmonisation

1. Introduction to the law of contract

2021 ◽  
pp. 1-28
Author(s):  
Robert Merkin ◽  
Séverine Saintier ◽  
Jill Poole
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
The European Union ◽  
Electronic Communications ◽  
European Directives ◽  
Consumer Rights ◽  
The Law ◽  
Contractual Obligations ◽  
The Uk ◽  
Common European Sales Law

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. Contracts are legally enforceable agreements intended for planned exchanges that are regulated by the principles of contract law. This chapter looks at some of the main theories underpinning the development of English contract law and examines the nature of contractual liability. Contractual obligations arise largely from party agreement and this distinguishes contractual liability from liability in tort. Given the continued relevance of English law in a globalized world (in spite of the UK exiting the European Union), this chapter also briefly introduces the various attempts to produce a set of harmonized principles such as the Common European Sales Law, along with the impact of other international developments including the growth in e-commerce and electronic communications. Moreover, the chapter analyses the most significant European directives and their effect on the development of English contract law, especially in the context of consumer contracts. The implementation of these European directives has resulted in the introduction of the concept of ‘good faith’ into English contract law. Given the increasing importance of good faith as a concept, especially when in the context of ‘a relational contract’, the chapter gives detailed discussion on the scope of and application of good faith in performance of the contract. Finally, the chapter considers the implementation of the Consumer Rights Directive in a number of statutory instruments and the Consumer Rights Act 2015.

6. Exemption clauses and unfair contract terms

2021 ◽  
pp. 227-271
Author(s):  
Robert Merkin ◽  
Séverine Saintier ◽  
Jill Poole
Keyword(s):  
Contract Law ◽  
Duty Of Care ◽  
Breach Of Contract ◽  
Consumer Rights ◽  
Insurance Cover ◽  
Legislative Regulation ◽  
The Law ◽  
Unfair Terms ◽  
The Uk

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. A clause which seeks either to exclude a party’s liability for breach or to limit that liability to a specified amount is known as an exemption clause. It is also possible for exemption clauses to seek to exclude or limit the remedies which would otherwise be available for breach or seek to deny that any breach of contract or breach of a duty of care has occurred. Although such clauses can allocate risks between the parties and prevent duplicate insurance cover, both the courts and the Parliament in the UK have sought to control their use. An exemption clause is enforceable if the clause in question is incorporated as a term, covers the loss that has occurred in the circumstances in which it arose, and is not rendered unenforceable by either the Unfair Contract Terms Act 1977 (B2B contracts) or Part 2 of the Consumer Rights Act 2015 (B2C contracts). This chapter examines the construction of exemption clauses as well as the legislative regulation of exemption clauses and, in the consumer context, unfair terms.

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