Ever since the Directive on Unfair Terms in Consumer Contracts of
1993, the European project has been working intensively towards
harmonization of contract law across all EU Member States. To date,
virtually none of the many problems that have arisen have been
resolved. The SECOLA Annual Conference convened in Prague in 2005 to
consider the specific topic of unfair terms and to imagine ways in
which the obstacles raised by this provocative issue might be
overcome. In this book, which presents revised versions of the papers
presented at that conference, fourteen outstanding European scholars
examine basic questions about the differing conceptions of contract
law in the national legal systems of the Member States, divergent
legal techniques such as interpretation of contract and divergent
approaches to legal reasoning, and contrasting views about the nature
of the problems presented by unfair terms in contracts. Among the
contentious matters discussed are the following: the tension between
party autonomy and social justice; control over freedom of contract in
the name of substantive fairness and efficiency; interpretation of
contract terms the intrusion of competition law into contract law; the
disputed meanings of good faith and legitimate expectations; the
requirement of ‘plain intelligible language’; and characterization
problems Above all the essays ask: Can harmonization of European
contract law be achieved? And if so, how? The answers offered not only
clarify the stage we have arrived at in this ongoing initiative, but
also identify the essential conflicts that must be understood if we
are to secure meaningful regulation of contract terms at a
transnational level. For these reasons the book is enormously valuable
to all parties interested in this crucial component of European
integration.
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Produktdetaljer
ISBN
9789041148834
Publisert
2020
Utgave
1. utgave
Utgiver
Kluwer Law International B.V.
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter