Overview

The ""Europeanization"" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration.Engaged in timely and cutting edge research, the authors cast into fine relief the building of a European Common Law. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. In particular, this book seeks to orient lawmakers, as well as those individuals interested in EU law, in the intricacies of consumer protection, contractual law, timesharing, and other important aspects in the harmonization of domestic and EU law books. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.

Full Product Details

Author:   Barbara Pasa ,  Gian Antonio Benacchio ,  Lesley Orme
Publisher:   Central European University Press
Imprint:   Central European University Press
Dimensions:   Width: 15.50cm , Height: 3.10cm , Length: 22.90cm
Weight:   0.835kg
ISBN:  

9789637326363

ISBN 10:   9637326367
Pages:   580
Publication Date:   10 October 2005
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Introduction Chapter I: Consumer Protection and the Law of Contracts 1. Social and Economic Policy in Consumer Protection 2. The Historical Development of Consumer Protection by Community Institutions 3. Beyond a Definition of ‘Consumer’ 4. ‘The Relevant Issues in the Domestic Private Laws of Member States 5. The Consequences of Community Intervention in the Law of Contracts 6. A New Taxonomy: Consumer Contracts 7. The Limits of Consumer Protection 8. The Legal Instruments for Consumer Protection: Procedural Fairness and International Private Law 9. Contracts Negotiated away from Business Premises 9.1. Examples of National Transposition 10. Package Travel, Package Holidays and Package Tours Contracts 10.1. Examples of National Transposition 11. Unfair Terms in Consumer Contracts 11.1. The Implementation of Directive 93/13 in Member States 11.2. The Reception of Directive 93/13 in CEECs 12. Timesharing 12.1. Examples of National Transposition 13. Distance Contracts 13.1. Examples of National Transposition 14. The Directive on Injunctions and New Systems of Protection 14.1. Examples of National Transposition 15. Improving Consumer Access to Justice in Cross-Border Disputes 16. Sale of Consumer Goods and Associated Guarantees 16.1. Examples of National Transposition 17. Electronic Signatures 17.1. Examples of National Transposition 18. E-commerce Bibliography Chapter I Chapter II: Product Liability 1. Product Liability in the Member States before the 1985 Directive 2. The Aims of the Directive on Product Liability 3. Some Features of the Community Regime 4. Implementation of the Directive in Member States 5. The Cost of Harmonizing National Legal Systems 6. No Harmonization at all? 7. The Transposition of the Directive in the CEECs 8. The Directives on General Product Safety 9. Draft Directives on the Liability of Service Providers and Liability for Environmental Damage Bibliography Chapter II Chapter III: Insurance, Credit and Financial Industries: Investment, Saving and Consumer Protection 1. Insurance Services 1.1. The First and Second Generation Directives 1.2. Third Generation Directives 1.3. The Life Assurance Sector 1.4. The Latest Developments 2. Indirect Protection of the Interests of Clients 3. New Types of Insurance Contracts Ruled by the Directives 4. Civil Liability Deriving from Motor Vehicle Use 5. Banking Services 6. Community Legislation Relevant to the Banking Sector 6.1. The Second Banking Directive and its Principles 6.2. The Creation of a Single Banking Market 7. Indirect Protection of the Interests of Investors and Savers 8. Consumer Credit Contracts 8.1. The Directive on Consumer Credit 8.2. The Reform of Consumer Credit Contracts 9. Financial Services 10. Community Legislation Relevant to the Financial Sector 10.1. Stock Exchanges and other Securities Markets 10.2. Second Generation Securities Directives 10.3. A Single European Market in Investment Services 10.4. The Ongoing Transformation of the Financial Sector 11. Indirect Protection of the Interests of Investors and Savers 12. Harmonization of National Laws on Financial Services 13. Harmonization of CEECs Legal Systems 13.1. Banking and Financial Services 13.2. Insurance Services Bibliography Chapter III Chapter IV Company Law 1. Reasons for Harmonization of Company Law 1.1. Harmonization of the Rules of Private International Law 1.2. Harmonization of the Rules of Substantive Private Law 2. Limits of Harmonization of Company Law 3. The Sources of Company Law 4. Community Strategies of Intervention 5. New Strategies of Intervention in Company Law 6. Harmonization within Member States 7. Harmonization in the CEECs 8. The Requirements for Disclosure, Validity of Obligations, and Nullity of Limited Liability Companies 8.1. Examples of Transposition in the Member States and CEECs 9. The Formation of Public Limited Liability Companies and the Maintenance and Alteration of their Capital 9.1. Examples of National Transposition 10. National Mergers and ....

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Author Information

Barbara Pasa is Lecturer and Research Fellow of the Faculty of Law at the University of Turin. Gian Antonio Benacchio is Professor of Private Comparative Law of the Faculty of Law at the University of Trento.

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