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Party Autonomy and the Role of Information in the Internal Market : London, 11-13 May 2000 :  London, 11-13 May 2000 - Stefan Grundmann

Party Autonomy and the Role of Information in the Internal Market : London, 11-13 May 2000

London, 11-13 May 2000

By: Stefan Grundmann (Editor), Wolfgang Kerber (Editor), Stephen Weatherill (Editor)

Hardcover

Published: 2001
For Ages: 22+ years old
Language: German
Ships: 7 to 10 business days
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Examination of Party Autonomy and its limits has always raised fundamental questions in national contract and private law. The concentration on information solutions which enhance and leave more space to party autonomy is a fundamentally new approach to this core issue and is typical of Community legislation. The complexity of the question made it advisable to have the different aspects treated and discussed by specialists in different areas: by legal scholars and economists, by EC law and by contract law specialists, by scholars from different jurisdictions with different regulatory approaches and backgrounds. The four parts deal with (1) the economic and constitutionell foundations of the question, with (2) the framework to be found in EC treaty law, with (3) the fundamental and more general aspects relating to substantive EC contract law legislation, and with (4) the most important individual legal measures. The book covers both general contract law (with consumer contracts) and labour contract law.

List of Contributorsp. XXII
Abbreviationsp. XXIII
The Overall Structurep. 1
Party Autonomy and the Role of Information in the Internal Market--an Overview (Grundmann/Kerber/Weatherill)p. 3
Party Autonomy and Information--Normative and Theoretical Foundationsp. 39
Constitutional Aspects of Party Autonomy and Its Limitsp. 41
Constitutional Aspects of Party Autonomy and Its Limits--The Perspective of Law (Coester-Waltjen)p. 41
Constitutional Aspects of Party Autonomy and Its Limits--The Perspective of Constitutional Economics (Kerber/Vanberg)p. 49
Information Problems and Market Failure--The Perspective of Economicsp. 80
Consumer Information Problems--Causes and Consequences (Wein)p. 80
Information in the Market Economy--Cognitive Errors and Legal Correctives (Ulen)p. 98
Supremacy of Party Autonomy and Information under the EC Treatyp. 131
Basic Freedoms--Extending Party Autonomy across Borders (Muller-Graff)p. 133
Disclosure Rules (Information) as a Primary Tool in the Doctrine on Measures Having an Equivalent Effect (Usher)p. 151
Information Rules in EC Secondary Law--Justifying Consumer and Labour Law Standards in Generalp. 163
Justifying Consumer and Labour Lawp. 165
Justifying Limits to Party Autonomy in the Internal Market--Mainly Consumer Protection (Kirchner)p. 165
Justifying Limits to Party Autonomy in the Internal Market--EC Legislation in the Field of Consumer Protection (Weatherill)p. 173
A Comment on Party Autonomy and Consumer Regulation in the European Community--A Plea for Consistency (Micklitz)p. 197
Justifying European Employment Law (Collins)p. 205
Justifying European Employment Law--Comments (Windbichler)p. 225
Information as an Instrument for Party Autonomyp. 230
Disclosure Rules as a Primary Tool for Fostering Party Autonomy (Merkt)p. 230
Disclosure Rules as a Primary Tool for Fostering Party Autonomy--Observations from a Functional and Comparative Legal Perspective (Hopt)p. 246
Information Intermediaries and Party Autonomy--The Example of Securities and Insurance Markets (Grundmann/Kerber)p. 264
Party Autonomy and Information Rules in Specific Areas of EC Private Law Legislationp. 311
Party Autonomy and Information in the Unfair Contract Terms Directive (Wolf)p. 313
Contractual Rules Concerning the Marketing of Goods and Services--Requirements of Form and Content versus Private Autonomy (Schwintowski)p. 331
Party Autonomy and Information in the Sales Directive (Riesenhuber)p. 348
The Written Statement Directive--Social Norms, Information, and the Employment Relationship (Deakin)p. 371
Indexp. 393
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9783110170030
ISBN-10: 3110170035
Audience: Professional
For Ages: 22+ years old
Format: Hardcover
Language: German
Number Of Pages: 422
Published: 2001
Publisher: De Gruyter
Country of Publication: DE
Dimensions (cm): 23.0 x 15.5  x 2.39
Weight (kg): 0.77