Modernising and Harmonising Consumer Contract Law: With by Geraint Howells, Reiner Schulze

By Geraint Howells, Reiner Schulze

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Extra info for Modernising and Harmonising Consumer Contract Law: With Reference to the Planned Horizontal Consumer Contract Directive

Sample text

From such observations one may judge, which are the fields in which full harmonisation would do not much harm to the level of consumer protection and the coherency of the national laws, and in which fields full harmonisation might have rather negative effects. This question can, of course, not be answered here comprehensively, but some examples and trends may nevertheless be sketched out. With regard to the definition of consumer, the Draft could have clarified, that it does not prohibit the Member States from introducing or maintaining broader consumer definitions than the definition given in the Draft.

Sautonie-Laguionie / F. Bujoli (eds), Principes contractuels commun. Projet de cadre commun de référence (Paris: Société de Législation Comparée, 2008); B. FauvarqueCosson / D. Mazeaud and A. Tenenbaum, Terminologie contractuelle commune. Projet de cadre commun de référence (Paris: Société de Législation Comparée, 2008). These studies have also been published in English: European Contract Law. Materials for a Common Frame of Reference: Terminology, Guiding Principles, Model Rules. Produced by Association Henri Capitant des Amis de la Culture Juridique Française and Société de Législation Comparée.

Cf. org. 10 Predecessors of the DCFR are, besides the PECL, the series Principles of European Law (PEL)11 and the Acquis-Principles (ACQP)12. A full edition of the DCFR, which also includes a commentary and comprehensive comparative references, will be published in the course of 2009. This academic product, together with evaluative material produced within the network13 and the first 9 10 11 12 13 C. von Bar / E. Clive / H. Schulte-Nölke and H. , Principles, Definitions and Model Rules of European Private Law.

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