European Perspectives on Producers' Liability

European Perspectives on Producers' Liability
Author: Martin Ebers
Publisher: Walter de Gruyter
Total Pages: 615
Release: 2009-10-16
Genre: Law
ISBN: 3866538626

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A growing number of countries recognise a direct producers' liability for non-conforming goods. The European Commission has considered the introduction of an EU-wide direct producers' liability for a long time. Will there be new responsibilities for producers in the future? This book compiles national reports from 24 European countries on the sale of goods law as well as the consumer's remedies for non-conforming goods and the final seller's right of redress. A comparative report informs about the different models of producers' liability and their impact on the internal market. Beneficial for practitioners working in the field of consumer contract law and sale of goods law.

European Perspectives on Producers' Liability

European Perspectives on Producers' Liability
Author: Martin Ebers
Publisher:
Total Pages: 0
Release: 2010
Genre:
ISBN:

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The Consumer Sales Directive has to a large extent harmonised the consumer's rights and remedies against professional sellers. The European Commission has considered the introduction of an EU wide direct producers' liability for a long time. Currently, the situation in Europe is divided: Whereas in most jurisdictions consumers can only bring claims against their sellers, a growing number of countries recognise a direct claim of the consumer or final buyer against the producer. The book compiles national reports from 24 European countries on the consumer's remedies for non-conforming goods and the final seller's right of redress. Additional contributions approach this topic from the perspectives of law and economics, legal history, and behavioural psychology. The comprehensive introductory chapter which is distributed here on SSRN provides a comparative report on the different models of producers' liability, including their impact on the Internal Market, and sets out elements for further harmonisation.

Product Liability Law in Transition

Product Liability Law in Transition
Author: Magdalena Tulibacka
Publisher: Routledge
Total Pages: 294
Release: 2016-04-08
Genre: Law
ISBN: 1317075390

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This volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides a comparison of how product liability law has evolved in the socialist states, comparing it to developments taking place in the West. Using product liability law, this study offers a valuable insight into the necessary features and requirements of the harmonization of laws between the EU and post-socialist Europe. Predominantly legal in scope, it also takes account of the importance of extra-legal elements in law reform. As such, this book will be a valuable resource for those interested in European Law, as well as those working in the area of Consumer and Product Liability law.

Product Liability in Comparative Perspective

Product Liability in Comparative Perspective
Author: Duncan Fairgrieve
Publisher: Cambridge University Press
Total Pages: 392
Release: 2005-10-27
Genre: Law
ISBN: 9781139448031

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This book examines the law of product liability from a comparative perspective. With the European Directive on Product Liability enacted over 20 years ago, this publication analyses the state of product liability in a number of key jurisdictions including both Western European countries and New Member States. Account is also taken of developments further afield, including the United States and Japan. Distinguished contributors, including a high court judge, European Commission official, leading litigators and academics, provide individual country reports and a number of integrated comparative studies. The book is designed for practical use by legal practitioners, academics, students and others interested in the area of contract, tort, civil procedure and multi-party litigation. In particular, practitioners will find the country reports an essential reference point.

European Product Liability

European Product Liability
Author: Kelly
Publisher: Bloomsbury Professional
Total Pages: 754
Release: 1997-12-01
Genre: Law
ISBN: 9781845925840

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"This book provides a useful overview of producer liability for defective goods throughout Europe. It is designed for both lawyers and businessmen as a practical guide and is written from the manufacturer's rather than the claimant's standpoint. Leading practitioners contribute individual chapters on the national laws in: Austria; Belgium; Denmark; Finland; France; Germany; Greece; Ireland; Italy; Luxembourg; the Netherlands; Norway; Portugal; Spain; Sweden; Switzerland; and the United Kingdom. Each chapter includes: an overview of the law relating to defective products; liability in contract, tort and for breach of statutory duty; special liabilities arising in respect of particular producers; how the EC Product Liability Directive has been implemented and its impact on existing law and risk management and the implementation (or otherwise) of the Directive relating to general supply of consumer products (92/59/EEC). It also covers the EC Product Safety Directive and other safety related directives."

European Product Liabilities

European Product Liabilities
Author: Patrick Kelly
Publisher: Lexis Pub
Total Pages: 738
Release: 1997-01-01
Genre: Law
ISBN: 9780406032560

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Significant changes have occurred in the consumer protection laws of EU countries in the last decade, with three important Directives being issued: the Product Liability Directive, the Product Safety Directive and the Unfair Contract Terms Directive. In response to these changes this new edition of Kelly and Attree: European Product Liabilities discusses the rights and liabilities established by these laws and the steps to be taken as a result of them. The work is divided into separate chapters for each country and covers: an overview of the law relating to defective products in each country; liability in contract, tort, and for breach of statutory duty, and special liabilities arising in respect of particular products. Furthermore, each chapter considers the implementation of the Product Liability Directive and the Product Safety Directive and the Unfair Contract Directive and their impact on the existing law and risk management - combining to provide a comparative study of how liabilities for defective goods differs from one country to another. New chapters are included on Finland and Greece, and Northern Ireland and Scotland are given separate treatment. In addition to the country specific sections, chapters have been included dealing with EC Product Liabilities Law, international considerations, risk management and insurance.

Consumer Sales Guarantees in the European Union

Consumer Sales Guarantees in the European Union
Author: Aneta Wiewiórowska-Domagalska
Publisher: Walter de Gruyter
Total Pages: 360
Release: 2012-10-30
Genre: Law
ISBN: 3866539681

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Die Vorbereitungen laufen bereits viele Jahre, nun liegt er endlich vor: der Entwurf der Europäischen Kommission für ein Gemeinsames Europäisches Kaufrecht als Optionales Instrument. Beteiligte an den Vorarbeiten und wichtige Kritiker derselben setzen sich in diesem höchst empfehlenswerten Buch mit dem Kommissionsentwurf auseinander. Wie wird die Harmonisierung des europäischen Vertragsrechts durch den Entwurf vorangetrieben? Wie "schlägt" sich der Entwurf im Vergleich zum BGB, zum DCFR oder zu den Acquis-Principles? Beleuchtet werden insbesondere Irrtumsanfechtung, AGB-Kontrolle, allgemeines und besonderes Leistungsstörungsrecht beim Kauf und bei verbundenen Dienstleistungen sowie übergreifende Fragestellungen zum Verbraucherrecht. Der Band wird abgerundet durch eine Synopse des Kommissionsentwurfs und der vorangegangenen Machbarkeitsstudie, in der die Entwicklung des Textes deutlich wird.

European Product Liability

European Product Liability
Author: Piotr Machnikowski
Publisher:
Total Pages: 0
Release: 2016
Genre: EU-ret
ISBN: 9781780683980

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Thirty years after the entry into force of the Directive on liability for defective products (Council Directive 85/374/EEC), and in the light of the threat to user safety posed by consumer goods that make use of new technologies, it is essential to assess and determine whether the Directive remains an adequate legal response to the phenomenon of products brought to market that fail to ensure appropriate levels of safety for their users. This book is the result of an extensive international research project funded by the Polish National Science Centre. Individual country reports analyze the implementation of the Directive in the domestic law of several EU and EEA Member States (namely Austria, Czech Republic, Denmark, England, France, Germany, Italy, Netherlands, Norway, Poland, Spain, and Switzerland) and the relationship of the implemented rules with the already existing rules of tort law. The country reports show that the practical significance of product liability differs widely in the various Member States. Also taking into account non-EU countries (Canada, Israel, South Africa and the USA), this book examines whether EU law will ensure sufficient safety for individuals using goods that have been produced using new technologies that are currently under development. This, as well as an economic analysis of product liability, makes the book valuable for academics, practitioners, policy makers, and all those interested in the subject. (Series: Principles of European Tort Law) Subject: Tort Law, Private Law]