Party Autonomy and the Role of Information in the Internal Market 1st Edition by Stefan Grundmann, Stephen Weatherill, Wolfgang Kerber- Ebook PDF Instant Download/Delivery: 9783110873030, 3110873030
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Product details:
ISBN 10: 3110873030
ISBN 13: 9783110873030
Author: Stefan Grundmann, Stephen Weatherill, Wolfgang Kerber
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.
Table of contents:
Part One: The Overall Structure
Chapter 1. Party Autonomy and the Role of Information in the Internal Market – an Overview
Stefan Grundmann, Wolfgang Kerber and Stephen Weatherill
Part Two: Party Autonomy and Information – Normative and Theoretical Foundations
Section 1. Constitutional Aspects of Party Autonomy and Its Limits
Chapter 2. Constitutional Aspects of Party Autonomy and Its Limits – The Perspective of Law
Dagmar Coester-Waltjen
Chapter 3. Constitutional Aspects of Party Autonomy and Its Limits – The Perspective of Constitutional Economics
Wolfgang Kerber and Viktor Vanberg
Section 2. Information Problems and Market Failure: The Perspective of Economics
Chapter 4. Consumer Information Problems – Causes and Consequences
Thomas Wein
Chapter 5. Information in the Market Economy – Cognitive Errors and Legal Correctives
Thomas S. Ulen
Part Three: Supremacy of Party Autonomy and Information under the EC Treaty
Chapter 6. Basic Freedoms – Extending Party Autonomy across Borders
Peter-Christian Müller-Graff
Chapter 7. Disclosure Rules (Information) as a Primary Tool in the Doctrine on Measures Having an Equivalent Effect
John A. Usher
Part Four: Information Rules in EC Secondary Law – Justifying Consumer and Labour Law Standards in General
Section 1. Justifying Consumer and Labour Law
Chapter 8. Justifying Limits to Party Autonomy in the Internal Market – Mainly Consumer Protection
Christian Kirchner
Chapter 9. Justifying Limits to Party Autonomy in the Internal Market – EC Legislation in the Field of Consumer Protection
Stephen Weatherill
Chapter 10. A Comment on Party Autonomy and Consumer Regulation in the European Community – A Plea for Consistency
Hans-W. Micklitz
Chapter 11. Justifying European Employment Law
Hugh Collins
Chapter 12. Justifying European Employment Law – Comments
Christine Windbichler
Section 2. Information as an Instrument for Party Autonomy
Chapter 13. Disclosure Rules as a Primary Tool for Fostering Party Autonomy
Hanno Merkt
Chapter 14. Disclosure Rules as a Primary Tool for Fostering Party Autonomy – Observations from a Functional and Comparative Legal Perspective
Klaus J. Hopt
Chapter 15. Information Intermediaries and Party Autonomy – The Example of Securities and Insurance Markets
Stefan Grundmann and Wolfgang Kerber
Part Five: Party Autonomy and Information Rules in Specific Areas of EC Private Law Legislation
Chapter 16. Party Autonomy and Information in the Unfair Contract Terms Directive
Manfred Wolf
Chapter 17. Contractual Rules Concerning the Marketing of Goods and Services – Requirements of Form and Content versus Private Autonomy
Hans-Peter Schwintowski
Chapter 18. Party Autonomy and Information in the Sales Directive
Karl Riesenhuber
Chapter 19. The Written Statement Directive – Social Norms, Information, and the Employment Relationship
Simon Deakin
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Tags: Stefan Grundmann, Stephen Weatherill, Wolfgang Kerber, Party Autonomy, the Role, the Internal Market


