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Unconscionability in European Private Financial Transactions - Protecting the Vulnerable (Hardcover)
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Unconscionability in European Private Financial Transactions - Protecting the Vulnerable (Hardcover)
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Given the unprecedented recent turmoil on financial markets we now
face radically challenged, 'post-Lehmann' assumptions on protecting
the vulnerable in financial transactions. This collection of essays
explores conceptions of, and responses to, unconscionability and
similar notions across Europe with specific reference to financial
transactions. It presents a detailed analysis of concepts of
unconscionability in Europe against a backdrop of Commission
initiatives aimed, variously, at securing a single market in
financial services, producing greater coherence in EC consumer
protection law and consolidating European private law. This
analysis illustrates, for example, that concepts of
unconscionability depend on context and can be shaped by a variety
of factors. It also illustrates that jurisdictions may choose to
respond to questions of unconscionability through a variety of
legal instruments located in different branches of the law rather
than through a single doctrine. Thus this collection illuminates
many of the obstacles facing harmonisation in this area.
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