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Following a turbulent three year legislative process the Consumer Rights Directive was adopted in October 2011. Less ambitious than the original proposals, the Directive nevertheless extends the maximal harmonisation approach to a number of aspects concerning the pre-contractual information...
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The rise of commerce over the Internet and telephone has led to widespread use of "pay now, terms later" or "rolling" standard form contracts, in which buyers are not able to read the standard terms until after they have purchased the product. While some scholars and judges argue that rolling...
Persistent link: https://www.econbiz.de/10014062504
Contract is one of the great pivots of commercial activity and an intrinsic part of nearly every consumer transaction. Inspired by the discussion amongst western scholars over whether contract law is a practical tool for protecting the consumer, this paper scrutinizes the role of the revised...
Persistent link: https://www.econbiz.de/10014073727
The Draft Restatement of the Law of Consumer Contracts includes a quantitative study of judicial decisions concerning businesses’ online privacy policies, which it cites in support of a claim that most courts treat privacy policies as contract terms. This Article reports an attempt to...
Persistent link: https://www.econbiz.de/10014120344
Blockchain-based smart contracts represent a shift towards an automated world. While their immutable and self-executing nature present numerous economic benefits, these characteristics give rise to issues. One of these issues is that the burden of issuing proceedings changes from a party looking...
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"This book provides a thorough and up-to-date account of what is state-of-the-art in the field of contracts relating to selected financial services such as insurance, loans and payments services. It also explores the resolution of disputes arising out of such contracts by ADR bodies in Europe,...
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The rapid expansion of European contract law in the field of consumer financial services gives rise to the question to what extent it is self-sufficient. A self-sufficient European contract law presupposes the existence of an EU-made and EU-enforced contract-related legal order which is largely...
Persistent link: https://www.econbiz.de/10013031369