Unfair Contract Terms in European Law
A Study in Comparative and EC Law
By (author) Paolisa Nebbia
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Unfair Contract Terms in European Law by Paolisa Nebbia
Book DescriptionThe book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation with a twofold aim: first, to understand the extent to which the Directive has influenced and will influence fundamental notions and principles of contract law in the domestic legal systems of the Member States; second, it examines the extent to which the domestic legal traditions of the Member States have influenced the process of drafting of the Directive and, more importantly, will affect the way that the Directive is interpreted and applied in national courts. The focus is mainly on English law (including the 2005 Unfair Terms in Contracts Bill) and on Italian law, but frequent references are made to the French and the German systems. At the same time, the book has a broader, more 'European' concern, in that it aims to distill from the existing Community acquis and from the history and rationale of Directive 93/13 notions and concepts that could guide its interpretation. It is well known that Community law uses terminology which is peculiar to it, and that legal concepts do not necessarily have the same meaning in EC law and in the law of the various Member States: every provision of Community law must be placed in its context and interpreted in the light of its own objectives and rationale, and of the objectives and rationale of Community law as a whole. In this respect, this book aims to identify the contours and features of the emerging European legal tradition, and to assess the impact that this may have on the domestic traditions.
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Book DetailsISBN: 9781841135946
(234mm x 156mm x 19mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 8-Feb-2007
Country of Publication: United Kingdom
Books By Author Paolisa Nebbia
Damages Claims for the Infringement of EU Competition Law, Hardback (June 2015)
This new book assesses the European framework for enforcement of competition law through private damages claims, setting it within the broader international context of global governance of antitrust.
European Union Law for the Twenty-first Century, Hardback (September 2004)
This book assesses the state of EU law fifty years after the Communities were established, contributing to the debate on the European Constitution.
EU Consumer Law, Hardback (June 2004)» View all books by Paolisa Nebbia
Charts the development of consumer protection law and policy in the context of legislation and case law, and provides a comprehensive analysis of various EU legislative measures affecting consumers.
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Author Biography - Paolisa Nebbia
Paolisa Nebbia is a Fellow and Tutor in Law of St Hilda's College, Oxford.
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