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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Unfair Contract Terms in European Law - A Study in Comparative and EC Law (Hardcover, New)
Loot Price: R2,934
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Unfair Contract Terms in European Law - A Study in Comparative and EC Law (Hardcover, New)
Series: Modern Studies in European Law
Expected to ship within 9 - 17 working days
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The book examines Directive 93/13 on Unfair Terms in Consumer
Contracts and its implementation with a twofold aim: first, to
understand the extent to which the Directive has influenced and
will influence fundamental notions and principles of contract law
in the domestic legal systems of the Member States; second, it
examines the extent to which the domestic legal traditions of the
Member States have influenced the process of drafting of the
Directive and, more importantly, will affect the way that the
Directive is interpreted and applied in national courts. The focus
is mainly on English law (including the 2005 Unfair Terms in
Contracts Bill) and on Italian law, but frequent references are
made to the French and the German systems. At the same time, the
book has a broader, more 'European' concern, in that it aims to
distill from the existing Community acquis and from the history and
rationale of Directive 93/13 notions and concepts that could guide
its interpretation. It is well known that Community law uses
terminology which is peculiar to it, and that legal concepts do not
necessarily have the same meaning in EC law and in the law of the
various Member States: every provision of Community law must be
placed in its context and interpreted in the light of its own
objectives and rationale, and of the objectives and rationale of
Community law as a whole. In this respect, this book aims to
identify the contours and features of the emerging European legal
tradition, and to assess the impact that this may have on the
domestic traditions.
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