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Author:   Norbert Reich
Publisher:   Intersentia Ltd
Imprint:   Intersentia Ltd
Edition:   1
Dimensions:   Width: 16.00cm , Height: 1.50cm , Length: 24.00cm
Weight:   0.600kg
ISBN:  

9781780681764

ISBN 10:   1780681763
Pages:   244
Publication Date:   03 December 2013
Audience:   College/higher education ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

"Introduction. What are General Principles of EU Civil Law? 1. An ongoing debate: ""principles"" vs. ""rules"" 2. Some preliminary suggestions 3. The express recognition of general principles by the Charter 4. What do we mean by EU civil law: acquis communautaire vs. acquis commun 5. The competence dilemma of EU civil law 6. Why seven principles? Chapter 1. The Principle of ""Framed"" Autonomy 1. Freedoms framed by law 2. Fundamental freedoms, autonomy and public interest restrictions 3. Freedom of contract as fundamental yet limited right and principle 4. Competition law and autonomy 5. Conclusion: framing of autonomy under welfarism aspects - going beyond the traditional approach? Chapter 2. The Principle of Protection of the Weaker Party 1. Elements of protection of the weaker party 2. Minimum standards of working hours and paid annual leave 3. EU consumer law: information vs. protection 4. Conclusion: generalising the protection of weaker parties and its limits Chapter 3. The Principle of Non-Discrimination 1. ""Spill-over"" effects of non-discrimination on civil law? 2. Non-discrimination in employment law relations: overview 3. Citizenship: extending the scope of the principle of non-discrimination by primary law 4. Extension of the non-discrimination principle to business-consumer relations by EU secondary law 5. A controversy: unisex tariffs in insurance and conflicts with private autonomy 6. Non-discrimination in access to and treatment in services of general economic interest and in network services: framed autonomy 7. Equal treatment beyond non-discrimination? 8. Conclusion: the varied impact of the non-discrimination principle on civil law relations Chapter 4. The Principle of Effectiveness 1. Article 47 of the Charter and Article 19 TEU: anything new? 2. The ""eliminatory"" function of the effectiveness principle 3. Effectiveness as a ""hermeneutical"" principle 4. Effectiveness as a ""remedial"" principle: ""upgrading"" national remedies 5. Some examples applying the effectiveness test in EU civil law 6. Primary Union law: rules on competition 7. Compensation for violations of directly applicable provisions of primary Union law 8. The importance of Article 47 of the Charter and Article 19(1) TEU for EU civil law revisited 9. Conclusion: how effective is the effectiveness principle? Chapter 5. The Principle of Balancing 1. Introduction: a dialogue on balancing in EU civil law 2. Balancing in unfair term jurisprudence: transparency, ""core terms"" and the unfairness test 3. Balancing to avoid ""over-protection"" 4. Role of Balancing in social conflicts: fundamental rights vs. fundamental freedoms? 5. Conclusion Chapter 6. The Principle of Proportionality 1. Importance of the principle of proportionality for EU civil law: some general remarks 2. The Draft Common Frame of Reference 3. The ""feasibility study"" and draft Common European Sales Law 4. Open method of coordination, convergence and improved law-making in reflexive contract governance in the EU 5. The ""positive proportionality"" principle in EU civil legislation: two examples 6. Conclusions on the principle of proportionality as an instrument of legal control and support of EU measures Chapter 7. An Emerging Principle of Good Faith and of a Prohibition of Abuse of Rights? 1. Some misunderstandings about good faith in contract law: elements of a duty of loyal cooperation in contracting 2. Good faith in commercial law settings 3. Directive 93/13 on unfair terms 4. Absence of good faith obligations for the bank in B2C financial services 5. ""Co-responsibility"" as an indirect good faith-obligation: some examples 6. Elements of good faith in recent soft law initiatives 7. Relevance of Article 54 of the Charter to an EU concept of abuse of rights? 8. Conclusion: good faith on the move? Summary. Seven Theses and a Conclusion Index"

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Professor of Civil, Commercial, and EC Law at the University of Bremen; he is now Visiting Professor at the University of Tartu, Estonia.

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