Janssen / Howells Information Rights and Obligations

A Challenge for Party Autonomy and Transactional Fairness
1. Auflage 2017
ISBN: 978-1-351-92759-8
Verlag: Taylor & Francis
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 248 Seiten

Reihe: Markets and the Law

Information requirements have become a key element of consumer policy at the European level and are also gaining increasing importance in all other areas of private law. The law stipulates that information provided should not be misleading and also involves requirements regarding the fairness and objectivity of what has been provided. In addition to controlling the veracity of what is voluntarily offered by traders, the law increasingly requires disclosure of certain information. This volume focuses especially on the question of how these information requirements influence the party autonomy. International contributors explore in various contexts whether the legislative policy regarding the information requirements and their relationship to party autonomy has been properly thought through.

Autoren/Hrsg.

Janssen, André

Howells, Geraint

Fachgebiete

• Rechtswissenschaften Bürgerliches Recht Schuldrecht Verbraucherschutz, Verbraucherverträge, AGB

Inhaltsverzeichnis

Contents: Autonomy and fairness: the case of public statements, Chris Willett; The strategy and the harmonization process within the European legal system: party autonomy and information requirements, Paola Gozzo; Evolution of party autonomy in a legal system under transformation - recent developments in Poland under special consideration of the package travel directive, Katarzyna Michalowska; From truth in lending to responsible lending, Iain Ramsay; EC directives for self-employed commercial agents and on time-sharing - apples, oranges and the core of the information overload problem, Bettina Wendlandt; Information requirements in the e-commerce directive and the proposed directive on unfair commercial practices, Annette Nordhausen; Contractual disclosure and remedies under the unfair contract terms directive, Edoardo Ferrante; Information disclosure about the quality of goods - duty or encouragement?, Christian Twigg-Flesner; Information and product liability - a game of Russian roulette?, Geraint Howells; Duties to inform versus party autonomy: reversing the paradigm (from free consent to informed consent)? - a comparative account of French and English law, Ruth Sefton-Green; The information requirements in the principles of European private law 'Long-Term Commercial Contracts: Commercial Agency, Distribution, Franchise' - a model for a European civil code?, André Janssen; Annex: Principles of European Private Law Long-Term Commercial Contracts: Commercial Agency, Distribution, Franchise, edited by Martijn W. Hesselink; Index.

Über Autor(innen)

Geraint Howells is the Professor of Law at Lancaster University, UK, and is also a Barrister at Gough Square Chambers, UK. Dr. André Janssen is Assistant Professor and Chair for German and European Private Law at the University of Münster, Germany. Dr. Reiner Schulze is the Professor of Law, and Chair for German and European Private Law, at the University of Münster, Germany.