Public Regulation Contract Law And The Protection Of The Weaker Party
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| Author | : Olha O. Cherednychenko |
| Publisher | : |
| Total Pages | : 29 |
| Release | : 2015 |
| Genre | : |
| ISBN | : |
Download Public Regulation, Contract Law, and the Protection of the Weaker Party Book in PDF, Epub and Kindle
While contractual relationships between private parties in the financial services field were traditionally the exclusive domain of private law, in particular contract law, the early twenty-first century has witnessed the rise of contract-related public regulation in this area both at EU and Member State levels. This development has received a new impulse in the wake of the recent financial crisis with the growing importance of public supervision over contractual relationships and the ex ante supervision rules for the protection of specific categories of weaker parties. The increasing presence of contract-related regulatory rules next to traditional contract law gives rise to a complex issue of the relationship between the two and its implications for the protection of the weaker party in a multilevel setting of European contract law. This article focuses on the ex post protection of individual weaker parties in the national contract laws in this new reality and argues for better coordination between various sites at which contract-related rule-making operates across different fields of contractual practice.
| Author | : Olha O. Cherednychenko |
| Publisher | : sellier. european law publ. |
| Total Pages | : 659 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 3866530439 |
Download Fundamental Rights, Contract Law and the Protection of the Weaker Party Book in PDF, Epub and Kindle
Recoge : I. The relations between fundamental rights and private law against the background of the public/private divide. -- II. The protection of the weaker party against risky financial transactions by means of fundamental rights. Synthesis and assessment.
| Author | : Jan-Jaap Kuipers |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 383 |
| Release | : 2011-11-25 |
| Genre | : Law |
| ISBN | : 9004206728 |
Download EU Law and Private International Law Book in PDF, Epub and Kindle
The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
| Author | : María Campo Comba |
| Publisher | : Springer Nature |
| Total Pages | : 380 |
| Release | : 2020-12-07 |
| Genre | : Law |
| ISBN | : 3030614816 |
Download The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law Book in PDF, Epub and Kindle
This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU’s objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU’s current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU’s current approach to private international law. This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.
| Author | : Roger Brownsword |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 413 |
| Release | : 2017-09-29 |
| Genre | : Law |
| ISBN | : 1784710660 |
Download Contract and Regulation Book in PDF, Epub and Kindle
Contract and Regulation: A Handbook on New Methods of Law Making in Private Law sheds light on the darker side of contracts. It begins by exploring the ‘regulatory space’ in which projects are planned, deals are done, and goods and services are consumed, then shows how a ‘bottom-up’ approach can be adopted in order to view this transactional space through the eyes of contractors. The expert contributors explore modes of governance that do not fit nicely into traditional contract theory, paying special attention to three key examples: governance and codes of conduction, networks and relations, compliance and use.
| Author | : American Bar Association. House of Delegates |
| Publisher | : American Bar Association |
| Total Pages | : 216 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318737 |
Download Model Rules of Professional Conduct Book in PDF, Epub and Kindle
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
| Author | : Alex Mills |
| Publisher | : Cambridge University Press |
| Total Pages | : 595 |
| Release | : 2018-08-16 |
| Genre | : Law |
| ISBN | : 1107079179 |
Download Party Autonomy in Private International Law Book in PDF, Epub and Kindle
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
| Author | : Yuliya Chernykh |
| Publisher | : International Litigation in Press |
| Total Pages | : 632 |
| Release | : 2022 |
| Genre | : Law |
| ISBN | : 9789004414679 |
Download Contract Interpretation in Investment Treaty Arbitration Book in PDF, Epub and Kindle
"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
| Author | : Junghoon Kim |
| Publisher | : Springer Nature |
| Total Pages | : 375 |
| Release | : 2020-12-03 |
| Genre | : Business & Economics |
| ISBN | : 9811573298 |
Download Strategies of Financial Regulation Book in PDF, Epub and Kindle
This book analyses different strategies and their results in implementing financial regulation in terms of rule-making, public enforcement and private enforcement. The analysis is based on a comparative study of conduct of business regulation on mis-selling of financial instruments in the UK and South Korea. It extends into liquidity regulation in the banking sector and credit rating agency regulation. The book concludes that in rule-making, purposive rules are more effective for achieving regulatory goals with minimal undesirable results, but a rule-making system with purposive rules can only work on a foundation of trust among rule-makers, enforcers and the regulates, that with respect to public enforcement, the enforcement strategies should combine the compliance-oriented and deterrence-oriented approaches and be continuously adjusted based on close monitoring of the regulatory outcomes and that in private enforcement, regulation should be instituted as the minimum requirement in private law.
| Author | : Study Group on a European Civil Code |
| Publisher | : sellier. european law publ. |
| Total Pages | : 406 |
| Release | : 2008 |
| Genre | : Civil law |
| ISBN | : 3866530595 |
Download Principles, Definitions and Model Rules of European Private Law Book in PDF, Epub and Kindle
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
