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Research Handbook on EU Consumer and Contract Law
Research Handbook on EU Consumer and Contract Law takes stock of the evolution of this fascinating area of private law to date and identifies key themes for future development of the law and research agendas. The Handbook is divided into three parts: first, authors examine a range of cross-cutting issues relevant to both consumer and contract law. The second part discusses specific topics on EU Consumer Law, and the final part focuses on a number of important subjects which remain current for the development of EU Contract Law.
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Critical Acclaim
Contributors
Contents
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The Research Handbook on EU Consumer and Contract Law takes stock of the evolution of this fascinating area of private law to date and identifies key themes for future development of the law and research agendas. This major Handbook brings together contributions by leading academics from across the EU on the latest developments and controversies in these important areas of law.
The Handbook is divided into three distinct and thematic parts: first, authors examine a range of cross-cutting issues relevant to both consumer and contract law. The second part discusses specific topics on EU consumer law, including the consumer image within EU law, information duties and unfair contract terms. The final part focuses on a number of important subjects which remain current in the development of EU contract law and presents a number of innovative solutions to the challenges presented in parts one and two.
This timely and insightful Handbook will provide both a comprehensive survey of this area of law for the novice researcher and fresh food for thought for scholars who have been researching this area of law for many years.
The Handbook is divided into three distinct and thematic parts: first, authors examine a range of cross-cutting issues relevant to both consumer and contract law. The second part discusses specific topics on EU consumer law, including the consumer image within EU law, information duties and unfair contract terms. The final part focuses on a number of important subjects which remain current in the development of EU contract law and presents a number of innovative solutions to the challenges presented in parts one and two.
This timely and insightful Handbook will provide both a comprehensive survey of this area of law for the novice researcher and fresh food for thought for scholars who have been researching this area of law for many years.
Critical Acclaim
‘Professor Twigg-Flesner has assembled a talented and multinational team of scholars to work on this project and they have delivered a terrific book. It is comprehensive and ambitious, sensitive to the context in which the EU’s involvement in consumer and contract law has developed over time, and moreover, the book is not only a state-of-the-art description of the law, it is also reform-minded and forward-looking.’
– Stephen Weatherill, University of Oxford, UK
‘Researchers and scholars will appreciate that this insightful volume is sensitive to the context in which the EU’s involvement in Consumer and Contract Law has developed over time, and it provides the reader with a very comprehensive analysis in describing and discussing the state of the law from various perspectives and approaches. More importantly, the volume contains some ‘food for thought’ because it not only contains a state-of-the art description of the law, but it also looks ahead. So it fits perfectly into the series of research handbooks on European Law. This legal literary genre the Research Handbook is very significant for researchers given that it analyses the latest thinking, research and practice across the field of European Law. In particular, this ambitious volume focuses on those emerging areas that deserve special attention in the field.’
– European Review of Private Law
– Stephen Weatherill, University of Oxford, UK
‘Researchers and scholars will appreciate that this insightful volume is sensitive to the context in which the EU’s involvement in Consumer and Contract Law has developed over time, and it provides the reader with a very comprehensive analysis in describing and discussing the state of the law from various perspectives and approaches. More importantly, the volume contains some ‘food for thought’ because it not only contains a state-of-the art description of the law, but it also looks ahead. So it fits perfectly into the series of research handbooks on European Law. This legal literary genre the Research Handbook is very significant for researchers given that it analyses the latest thinking, research and practice across the field of European Law. In particular, this ambitious volume focuses on those emerging areas that deserve special attention in the field.’
– European Review of Private Law
Contributors
Contributors: E.A. Amayuelas, H. Beale, J.M. Bech Serrat, C. Busch, R. Canavan, P. Cartwright, O.O. Cherednychenko, G. Comparato, G. Cordero-Moss, A. Cygan, L.E. Gillies, M. Graziadei, M.W. Hesselink, G. Howells, C. Mak, V. Mak, H.-W. Micklitz, B. Pozzo, P. Rott, J.W. Rutgers, J.M. Smits, Y. Svetiev, E.T.T. Tai, C. Twigg-Flesner, W.H. van Boom, J. Watson, F. Zoll
Contents
Contents:
Preface
Introduction: EU consumer and contract law at a crossroads?
Christian Twigg-Flesner
PART I CROSS-CUTTING ISSUES
1. A step too far? Constitutional objections to harmonisation of EU consumer and contract law
Adam Cygan
2. The regulatory character of European private law
Guido Comparato, Hans-W Micklitz and Yane Svetiev
3. The problems associated with the implementation of directives into national legal systems – a few examples from the codified
legal traditions
Fryderyk Zoll
4. Fostering a European legal identity through contract and consumer law
Michele Graziadei
5. The impact of fundamental rights
Olha O. Cherednychenko
6. The challenges of a multi-lingual approach
Barbara Pozzo
7. Recent developments in the approximation of EU private international laws: towards mutual trust, mutual recognition and enhancing social justice in civil and commercial matters
Lorna E. Gillies
8. Free movement and contract law
Chantal Mak
PART II CONSUMER LAW
9. The consumer image within EU law
Peter Cartwright
10. The future of pre-contractual information duties: from behavioural insights to big data
Christoph Busch
11. Withdrawal rights
Jonathon Watson
12. Contracts of sale
Rick Canavan
13. Unfair contract terms
Peter Rott
14. Financial services and consumer protection
Vanessa Mak
15. Services, including services of general interest
Eric Tjong Tjin Tai
16. Consumer travel law
Josep Maria Bech Serrat
17. Unfair commercial practices
Willem H. van Boom
18. Consumer law enforcement and access to justice
Geraint Howells
PART III CONTRACT LAW
19. The story of EU contract law– from 2001 to 2014
Hugh Beale
20. The idea of an optional contract code
Esther Arroyo Amayuelas
21. Standard contract terms as an alternative to legislation
Giuditta Cordero-Moss
22. Contract theory and EU contract law
Martijn W. Hesselink
23. European contract law and social justice
Jacobien W. Rutgers
24. The future of contract law in Europe
Jan M. Smits
Index
Preface
Introduction: EU consumer and contract law at a crossroads?
Christian Twigg-Flesner
PART I CROSS-CUTTING ISSUES
1. A step too far? Constitutional objections to harmonisation of EU consumer and contract law
Adam Cygan
2. The regulatory character of European private law
Guido Comparato, Hans-W Micklitz and Yane Svetiev
3. The problems associated with the implementation of directives into national legal systems – a few examples from the codified
legal traditions
Fryderyk Zoll
4. Fostering a European legal identity through contract and consumer law
Michele Graziadei
5. The impact of fundamental rights
Olha O. Cherednychenko
6. The challenges of a multi-lingual approach
Barbara Pozzo
7. Recent developments in the approximation of EU private international laws: towards mutual trust, mutual recognition and enhancing social justice in civil and commercial matters
Lorna E. Gillies
8. Free movement and contract law
Chantal Mak
PART II CONSUMER LAW
9. The consumer image within EU law
Peter Cartwright
10. The future of pre-contractual information duties: from behavioural insights to big data
Christoph Busch
11. Withdrawal rights
Jonathon Watson
12. Contracts of sale
Rick Canavan
13. Unfair contract terms
Peter Rott
14. Financial services and consumer protection
Vanessa Mak
15. Services, including services of general interest
Eric Tjong Tjin Tai
16. Consumer travel law
Josep Maria Bech Serrat
17. Unfair commercial practices
Willem H. van Boom
18. Consumer law enforcement and access to justice
Geraint Howells
PART III CONTRACT LAW
19. The story of EU contract law– from 2001 to 2014
Hugh Beale
20. The idea of an optional contract code
Esther Arroyo Amayuelas
21. Standard contract terms as an alternative to legislation
Giuditta Cordero-Moss
22. Contract theory and EU contract law
Martijn W. Hesselink
23. European contract law and social justice
Jacobien W. Rutgers
24. The future of contract law in Europe
Jan M. Smits
Index
