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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Standard Contract Terms in Europe: A Basis for and a Challenge to European Contract Law (Hardcover)
Loot Price: R3,485
Discovery Miles 34 850
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Standard Contract Terms in Europe: A Basis for and a Challenge to European Contract Law (Hardcover)
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Ever since the Directive on Unfair Terms in Consumer Contracts of
1993, the European project has been working intensively towards
harmonization of contract law across all EU Member States. To date,
virtually none of the many problems that have arisen have been
resolved.The SECOLA Annual Conference convened in Prague in 2005 to
consider the specific topic of unfair terms and to imagine ways in
which the obstacles raised by this provocative issue might be
overcome. In this book, which presents revised versions of the
papers presented at that conference, fourteen outstanding European
scholars examine basic questions about the differing conceptions of
contract law in the national legal systems of the Member States,
divergent legal techniques such as interpretation of contract and
divergent approaches to legal reasoning, and contrasting views
about the nature of the problems presented by unfair terms in
contracts. Among the contentious matters discussed are the
following:A { the tension between party autonomy and social
justice;A { control over freedom of contract in the name of
substantive fairness and efficiency;A { interpretation of contract
terms;A { the intrusion of competition law into contract law;A {
the disputed meanings of good faith and legitimate expectations;A {
the requirement of 'plain intelligible language'; andA {
characterization problems.Above all the essays ask: Can
harmonization of European contract law be achieved? And if so, how?
The answers offered not only clarify the stage we have arrived at
in this ongoing initiative, but also identify the essential
conflicts that must be understood if we are to secure meaningful
regulation of contract terms at a transnational level. For these
reasons the book is enormously valuable to all parties interested
in this crucial component of European integration.
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