Perspectives for European Consumer Law : : Towards a Directive on Consumer Rights and Beyond / / ed. by Hans Schulte-Nölke, Lubos Tichy.

• Superior document: Title is part of eBook package: De Gruyter DGBA Backlist Complete English Language 2000-2014 PART1
• MitwirkendeR: Břicháček, Tomáš,; Froňková, Lenka,; Grygar, Jiří,; Grynbaum, Luc,; Hurdík, Jan,; Pelikán, Tomáš,; Pfeiffer, Thomas,; Rezek, Martin,; Schulte-Nölke, Hans,; Schulze, Reiner,; Stuyck, Jules,; Tichý, Luboš,
• HerausgeberIn: Schulte-Nölke, Hans,; Tichy, Lubos,
• Place / Publishing House: Munich : : Otto Schmidt/De Gruyter european law pub, , [2010]; ©2010
• Year of Publication: 2010
• Language: English
• Physical Description: 1 online resource (183 p.)

The forthcoming Directive on Consumer Rights is part of a far-reaching European development in the field of consumer law and general contract law. The European Commission has initiated the long expected broad shift to full harmonisation. This puts the national laws and all lawyers applying it under new challenges. In future, the Member States will be prohibited from deviations not only "downwards" but also "upwards". In particular the relation between (EC and national) consumer law and general contract law is under question. The Czech EU Presidency in the first half of 2009 gave the occasion for a conference organised by the Charles University, the Acquis Group and the Czech European Consumer Center at Prague. Leading contract law scholars, policy makers and stakeholders from across Europe put the Proposal under close scrutiny from political, legal and practical angles. This volume contains the results of the conference and thus responds to the question of the extent to which the Proposal offers indeed perspectives for European consumer law. It also contains a position paper elaborated by the Acquis Group in the aftermath of the conference which highlights strengths and weaknesses and suggests improvements of the Proposal.

Table of Contents

Frontmatter -- Contents -- Introduction -- Part I: The Proposal for a Directive on Consumer Rights -- Pre-contractual information duties: the foreseeable failure of full harmonization -- The right of withdrawal -- The provisions on consumer sales -- Core issues of consumer sales law -- Unfair terms in consumer contracts -- Unilateral change of contractual terms -- Part II: Political, Practical and Theoretical Perspectives of the Proposal -- The new Directive on Consumer Protection: objectives from the perspective of the EU and the Member States -- Some remarks on the Proposal of a Directive on Consumer Rights -- The judiciary and consumer protection -- Contracts concluded away from business premises and contracts concluded through distance communication in the light of the Proposal for a Directive on Consumer Rights -- The system of consumer law on its way to integration into the system of private law -- Annexes -- Proposal for a Directive on Consumer Rights -- Position Paper on the Proposal for a Directive on Consumer Rights