Information Rights And Obligations: A Challenge For Party Autonomy And Transactional Fairness PDF
Preview Information Rights And Obligations: A Challenge For Party Autonomy And Transactional Fairness
INFORMATION RIGHTS AND OBLIGATIONS Markets and the Law Series Editor: Geraint Howells Lancaster University, UK Markets and the Law is concerned with the way the law interacts with the market through regulation, self-regulation and the impact of private law regimes. It looks at the impact of regional and international organizations (e.g. EC and WTO) and many of the works adopt a comparative approach and/or appeal to an international audience. Examples of subjects covered include trade laws, intellectual property, sales law, insurance, consumer law, banking, financial markets, labour law, environmental law and social regulation affecting the market as well as competition law. The series includes texts covering a broad area, monographs on focused issues, and collections of essays dealing with particular themes. Other titles in the series Cyber Consumer Law and Unfair Trading Practices Cristina Coteanu ISBN 07546 2417 X Consumer Protection Law Geraint Howells and Stephen Weatherill ISBN 07546 2338 6 (Pbk) ISBN 07546 23319 (Hbk) Information Rights and Obligations A Challenge for Party Autonomy and Transactional Fairness Edited by GERAINT HOWELLS Lancaster University, UK ANDRE JANSSEN University of Munster, Germany REINER SCHULZE University of Munster, Germany Routledge Taylor &. Francis Group LONDON AND NEW YORK First published 2005 by Ashgate Publishing Published 2016 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN 711 Third Avenue, New York, NY 10017, USA Routledge is an imprint of the Taylor & Francis Group, an informa business Copyright © Geraint Howells, Andre Janssen and Reiner Schulze 2005 Geraint Howells, Andre Janssen and Reiner Schulze have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing in Publication Data Howells, Geraint G. Information rights and obligations: a challenge for party autonomy and transactional fairness. - (Markets and the law) 1. Disclosure of information - Law and legislation - Europe - Congresses 2. Liberty of contract - Europe - Congresses 3. Law - Europe - International unification - Congresses 4. Obligations (Law) - Europe - Congresses I. Title II. Janssen, Andre III. Schulze, Reiner 346.4'022 The Library of Congress has cataloged the printed edition as follows: nformation rights and obligations: a challenge for party autonomy and transactional fairness / [edited] by Geraint Howells, Andre Janssen and Reiner Schulze. p. cm. -- (Markets and the law) Includes bibliographical references and index. ISBN 0-7546-2432-3 1. Liberty of contract--European Union countries. 2. Contracts--European Union countries. 3. Disclosure ofinformation--Law and legislation--European Union countries. I. Howells, Geraint G. II. Janssen, Andre, 1972- III. Reiner, Schulze, 1948- IV. Series. KJEI640. 154 2004 342.240662--dc22 2004018318 ISBN 13: 978-0-7546-2432-5 (hbk) Contents List of Contributors vii Foreword ix Introduction xi Autonomy and Fairness: The Case of Public Statements Chris Willett 2 The Strategy and the Harmonization Process within the European Legal System: Party Autonomy and Information Requirements Paola Gozzo 17 3 Evolution of Party Autonomy in a Legal System under Transformation - Recent Developments in Poland under Special Consideration of the Package Travel Directive Katarzyna Michalowska 33 4 From Truth in Lending to Responsible Lending lain Ramsay 47 5 EC Directives for Self-Employed Commercial Agents and on Time-Sharing - Apples, Oranges and the Core of the Information Overload Problem Bettina Wendlandt 67 6 Information Requirements in the E-Commerce Directive and the Proposed Directive on Unfair Commercial Practices Annette Nordhausen 93 7 Contractual Disclosure and Remedies under the Unfair Contract Terms Directive Edoardo Ferrante 115 vi Information Rights and Obligations 8 Information Disclosure about the Quality of Goods - Duty or Encouragement? Christian Twigg-Flesner 135 9 Information and Product Liability - A Game of Russian Roulette? Geraint Howells 155 10 Duties to Inform versus Party Autonomy: Reversing the Paradigm (from Free Consent to Informed Consent)? - A Comparative Account of French and English Law Ruth Sefton-Green 171 11 The Information Requirements in the Principles of European Private Law ‘Long-Term Commercial Contracts: Commercial Agency, Distribution, Franchise’ - A Model for a European Civil Code? Andre Janssen 189 Annex: Principles of European Private Law Long-Term Commercial Contracts: Commercial Agency, Distribution, Franchise Edited by Martijn W. Hesselink 205 Index 223 List of Contributors Dr. Edoardo Ferrante Lecturer in Law, Dipartimento di Scienze Giuridiche, University of Turin, Italy Dr. Paola Gozzo Assegnista di Ricerca, Dipartimento di Scienze Giuridiche, University of Turin, Italy Geraint Howells Professor of Law, School of Law, Lancaster University, Barrister, Gough Square Chambers Dr. Andre Janssen Assistant Professor, Chair for German and European Private Law, University of Munster, Germany Dr. Katarzyna Michalowska Adiunkt, Chair for Comparative Civil Law, Law Faculty, Warsaw University, Poland Annette Nordhausen, LL.M. (Eur) Lecturer in Law, Centre for European, Comparative and International Law, University of Sheffield Iain Ramsay Professor of Law, Osgoode Hall Law School, York University, Toronto, Canada Dr. Reiner Schulze Professor of Law, Chair for German and European Private Law, University of Munster, Germany Dr. Ruth Sefton-Green Maitre de conferences, University Paris I (Pantheon-Sorbonne), France Dr. Christian Twigg-Flesner Lecturer in Law, Law School, The University of Hull viii Information Rights and Obligations Dr. Bettina Wendlandt, LL.M. (Chicago) Assistant Professor, Chair for International Private Law and Civil Law, University of Munster, Germany Dr. Chris Willett Professor of Consumer Law, School of Law, De Montfort University Foreword This publication collects the contributions of a conference, which were presented in November 2003 hosted by the Centre for European Private Law (Minister) and the Centre for European Comparative and International Law (Sheffield). The conference concerned the topic ‘Information Rights and Obligations - The Impact on Party Autonomy and Contractual Fairness’ and was held in Munster. The decision was taken not to reproduce the relevant Directives since they have been made available in various compendiums (cf. Oliver Radley-Gardner, Hugh Beale, Reinhard Zimmermann, Reiner Schulze, Fundamental texts on European Private Law, Hart Publishing, Oxford/Portland 2003; Ulrich Magnus, Europaisches Schuldrecht, Verordnungen und Richtlinien, Sellier, Munich/Berlin 2002). The results of the conference should also contribute to the development of a common European legal terminology in the field of contract law. We would like to thank the Marie Curie Training Site ‘Harmonization of Business and Consumer Law in the EU’ and the TMR Research Network ‘Uniform Terminology for European Private Law’ for financing the publication of this book. The Research Network consists of the partner universities of Turin (co-ordination), Barcelona, Lyon III, Munster, Nijmegen, Oxford und Warsaw and is supported by the European Commission. In addition, we would like to thank those who assisted in the editing of this book, especially Martin Weitenberg. Munster and Sheffield, June 2004 Geraint Howells Andre Janssen Reiner Schulze
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