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Author: Jacobien W. Rutgers Publisher: ISBN: Category : Languages : en Pages : 10
Book Description
The Court of Justice of the European Union held in Kušionová (C-34/13, ECLI:EU:C:2014:2189) that ' the right to accommodation is a fundamental right guaranteed under Article 7 of the Charter that the referring court must take into consideration when implementing UTCD.'This is not the first CJEU decision on unfair terms and housing. The CJEU has adopted an active role in policing unfair terms to prevent that people are evicted from their homes in the financial crisis. In this paper I discuss the implications if a court must consider Article 7 of the Charter if it interprets the unfair terms directive in the case of housing. My conclusion is that the CJEU's consideration that a national court must consider Article 7 of the CFR, has less impact than it promises at first sight. It is most likely to have an effect on the transparency test. From a number of CJEU decisions it follows that the average consumer who is reasonably well informed and reasonably observant and circumspect must be able to foresee the economic consequences of a given contract term at the time of the contract's conclusion. Taking into account the Article 8 ECHR-case-law, it raises the question whether this is the proper yardstick in housing cases. Arguable a more vulnerable consumer should be the yardstick.
Author: Jacobien W. Rutgers Publisher: ISBN: Category : Languages : en Pages : 10
Book Description
The Court of Justice of the European Union held in Kušionová (C-34/13, ECLI:EU:C:2014:2189) that ' the right to accommodation is a fundamental right guaranteed under Article 7 of the Charter that the referring court must take into consideration when implementing UTCD.'This is not the first CJEU decision on unfair terms and housing. The CJEU has adopted an active role in policing unfair terms to prevent that people are evicted from their homes in the financial crisis. In this paper I discuss the implications if a court must consider Article 7 of the Charter if it interprets the unfair terms directive in the case of housing. My conclusion is that the CJEU's consideration that a national court must consider Article 7 of the CFR, has less impact than it promises at first sight. It is most likely to have an effect on the transparency test. From a number of CJEU decisions it follows that the average consumer who is reasonably well informed and reasonably observant and circumspect must be able to foresee the economic consequences of a given contract term at the time of the contract's conclusion. Taking into account the Article 8 ECHR-case-law, it raises the question whether this is the proper yardstick in housing cases. Arguable a more vulnerable consumer should be the yardstick.
Author: Jodi Gardner Publisher: Bloomsbury Publishing ISBN: 1509952314 Category : Law Languages : en Pages : 445
Book Description
This book analyses the history of the common law foundations of consumer law, and encourages readers to rethink the role that consumer law plays in our society. Consumer law is often constructed as purely statute-based law. However as this collection will demonstrate this is far from the truth. Much of the history of the common law concerns consumer transactions and markets. Case law has often established or modified the ground rules of consumer markets, has had a patterning effect on the economic organisation of markets, and has expressed cultural visions of the market and consumers. An analysis of landmark cases of consumer law allows many traditional cases to be viewed through a new and distinct lens, providing significant academic and intellectual value. The collection also includes a unique socio-legal perspective, considering the role that consumer law has played in addressing racial discrimination, LGBTQ challenges and the rights of women. This collection of landmark cases demonstrates the theoretical and practical significance of consumer law through a wide range of contributions by distinguished authors from the United Kingdom, Europe, the United States and Australia.
Author: Thomas Wilhelmsson Publisher: Bloomsbury Publishing ISBN: 1509977279 Category : Law Languages : en Pages : 313
Book Description
This seminal book develops a new perspective on the debate concerning the Europeanisation of private law. The theory is both realistic, building on existing experience, and normative as it focuses on the future. It outlines 'good' Europeanisation in which legal sources can be used across borders; hence the free movement of legal ideas. At its core, is the analysis of the legal consequences of growing societal uncertainty and increasing use of micro-politics, leading to a situation where the law develops through small narratives rather than according to a coherent master plan. The inevitable rule of law concerns around such a development, have to be addressed by transparent legal reasoning. The author masterfully illustrates how this can be achieved in decision-making across Europe, drawing on arguments which are both substantive and authoritative in nature. He shows how all legal actors, including decision-makers and scholars, are morally responsible for the choices made. This is a fascinating intervention in the field of European private law by one of its leading authorities.
Author: Sarah Worthington Publisher: Bloomsbury Publishing ISBN: 1509913262 Category : Law Languages : en Pages : 371
Book Description
The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.
Author: Hugh Collins Publisher: Intersentia Limited ISBN: 9781780684338 Category : Charter of Fundamental Rights of the European Union Languages : en Pages : 0
Book Description
A collection of essays by distinguished legal scholars that explores from legal, historical and theoretical perspectives how the Charter of the Fundamental Rights of the European Union has affected, and is likely to impact on the development of, contract law and commercial law within the European Union.
Author: Noah Vardi Publisher: BRILL ISBN: 900452505X Category : Law Languages : en Pages : 287
Book Description
In this comparative study in US and EU law, Noah Vardi questions whether there is a legally enforceable duty to lend and borrow credit in a “responsible” manner and clarifies the associated notion of “creditworthiness.”
Author: Damian Chalmers Publisher: Cambridge University Press ISBN: 100923031X Category : Law Languages : en Pages : 1233
Book Description
This book is for undergraduate and postgraduate students of EU law. It provides critical reflection by situating EU law in an unparalleled manner against its wider political and economic contexts and captures the significance of EU law by including contemporary topics that are not in traditional accounts of EU law.
Author: Jacobien W. Rutgers
Author: Jacobien W. Rutgers
Author: Jodi Gardner
Author: Thomas Wilhelmsson
Author: Sarah Worthington
Author: Hugh Collins
Author: Noah Vardi
Author: Damian Chalmers
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Author: 
Author: Wisconsin