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How the CFR Can Improve the Consumer Rights Directive : A Comparison between the Model Rules in the Draft Common Frame of Reference and the European Commission’s Proposal for a Con...
de Booys, Timothy Q.; Hesselink, Martijn W.; Mak, Chantal - 2011
This study provides an in-depth and detailed comparison between the CFR and the proposed Consumer Rights Directive … Directive in the framework of the legislative procedure. In this regard, it suggests some amendments based on the CFR. A … correlation table between the provisions of the CFR and the provisions of the proposed Consumer Rights Directive is provided in …
Persistent link: https://www.econbiz.de/10014202415
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Unjust Conduct in the Internal Market. On the Role of European Private Law in the Division of Moral Responsibility between the EU, Its Member States and Their Citizens
Hesselink, Martijn W. - 2020
This paper argues that the EU can be held morally responsible for ensuring justice in the internal market. In particular, the EU must prevent and sanction unjust market conduct by private parties through appropriate private law rules and ensure at least minimal protection of the private rights...
Persistent link: https://www.econbiz.de/10012856423
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Precontractual Liability in European Private Law : Introduction
Cartwright, John; Hesselink, Martijn W. - 2011
This is our Introduction to the forthcoming book Precontractual Liability in European Private Law. In the Introduction we explain the aim and method of our project. In particular, we defend the common core method against its critics as a legitimate method for conducting comparative legal research
Persistent link: https://www.econbiz.de/10014212507
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A Spontaneous Order for Europe? Why Hayek's Libertarianism is Not the Right Way Forward for European Private Law
Hesselink, Martijn W. - 2011
It has been suggested recently by several scholars that the ideas of Friedrich von Hayek should play a prominent role in shaping the future of European private law. This paper examines what we can learn from Hayek for the further development of European contract law. Hayek rightly underlines...
Persistent link: https://www.econbiz.de/10014214529
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An Optional Instrument on EU Contract Law : Could it Increase Legal Certainty and Foster Cross-Border Trade?
Hesselink, Martijn W. - 2011
It seems likely that an optional instrument on European contract law could have some positive impact on cross-border trade, although its size remains very difficult to estimate. Whether an optional instrument will increase legal certainty depends on the degree to which the European legislator...
Persistent link: https://www.econbiz.de/10014189912
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SMEs in European Contract Law : Background Note for the European Parliament on the Position of Small and Medium-Sized Enterprises (SMEs) in a Future Common Frame of Reference (CFR)...
Hesselink, Martijn W. - 2011
The aim of this paper is to identify what the position of SMEs should be in a draft Common Frame of Reference on EU contract law and in the review of the EU consumer acquis. In particular, this paper answers the following questions: How can the position of SMEs be defined in relation to the...
Persistent link: https://www.econbiz.de/10014222678