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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 Contributors | p. XXII |
| Abbreviations | p. XXIII |
| The Overall Structure | p. 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 Foundations | p. 39 |
| Constitutional Aspects of Party Autonomy and Its Limits | p. 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 Economics | p. 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 Treaty | p. 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 General | p. 163 |
| Justifying Consumer and Labour Law | p. 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 Autonomy | p. 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 Legislation | p. 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 |
| Index | p. 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
