Party Autonomy and the Role of Information in the Internal Market

Published by De Gruyter 2001

Party Autonomy and the Role of Information in the Internal Market

Edited by: Stefan Grundmann , Wolfgang Kerber and Stephen Weatherill

https://doi.org/10.1515/9783110873030

Overview
Contents

About this book

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.

Topics

Frontmatter Requires Authentication Unlicensed Licensed Download PDF	i
Preface Requires Authentication Unlicensed Licensed Download PDF	v
Table of Contents Requires Authentication Unlicensed Licensed Download PDF	ix
Detailed Contents Requires Authentication Unlicensed Licensed Download PDF	xi
List of Contributors Requires Authentication Unlicensed Licensed Download PDF	xxii
Abbreviations Requires Authentication Unlicensed Licensed Download PDF	xxiii
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 Requires Authentication Unlicensed Licensed Download PDF	3
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 Requires Authentication Unlicensed Licensed Download PDF	41
Chapter 3. Constitutional Aspects of Party Autonomy and Its Limits – The Perspective of Constitutional Economics Wolfgang Kerber and Viktor Vanberg Requires Authentication Unlicensed Licensed Download PDF	49
Section 2. Information Problems and Market Failure: The Perspective of Economics
Chapter 4. Consumer Information Problems – Causes and Consequences Thomas Wein Requires Authentication Unlicensed Licensed Download PDF	80
Chapter 5. Information in the Market Economy – Cognitive Errors and Legal Correctives Thomas S. Ulen Requires Authentication Unlicensed Licensed Download PDF	98
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 Requires Authentication Unlicensed Licensed Download PDF	133
Chapter 7. Disclosure Rules (Information) as a Primary Tool in the Doctrine on Measures Having an Equivalent Effect John A. Usher Requires Authentication Unlicensed Licensed Download PDF	151
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 Requires Authentication Unlicensed Licensed Download PDF	165
Chapter 9. Justifying Limits to Party Autonomy in the Internal Market – EC Legislation in the Field of Consumer Protection Stephen Weatherill Requires Authentication Unlicensed Licensed Download PDF	173
Chapter 10. A Comment on Party Autonomy and Consumer Regulation in the European Community – A Plea for Consistency Hans-W. Micklitz Requires Authentication Unlicensed Licensed Download PDF	197
Chapter 11. Justifying European Employment Law Hugh Collins Requires Authentication Unlicensed Licensed Download PDF	205
Chapter 12. Justifying European Employment Law – Comments Christine Windbichler Requires Authentication Unlicensed Licensed Download PDF	225
Section 2. Information as an Instrument for Party Autonomy
Chapter 13. Disclosure Rules as a Primary Tool for Fostering Party Autonomy Hanno Merkt Requires Authentication Unlicensed Licensed Download PDF	230
Chapter 14. Disclosure Rules as a Primary Tool for Fostering Party Autonomy – Observations from a Functional and Comparative Legal Perspective Klaus J. Hopt Requires Authentication Unlicensed Licensed Download PDF	246
Chapter 15. Information Intermediaries and Party Autonomy – The Example of Securities and Insurance Markets Stefan Grundmann and Wolfgang Kerber Requires Authentication Unlicensed Licensed Download PDF	264
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 Requires Authentication Unlicensed Licensed Download PDF	313
Chapter 17. Contractual Rules Concerning the Marketing of Goods and Services – Requirements of Form and Content versus Private Autonomy Hans-Peter Schwintowski Requires Authentication Unlicensed Licensed Download PDF	331
Chapter 18. Party Autonomy and Information in the Sales Directive Karl Riesenhuber Requires Authentication Unlicensed Licensed Download PDF	348
Chapter 19. The Written Statement Directive – Social Norms, Information, and the Employment Relationship Simon Deakin Requires Authentication Unlicensed Licensed Download PDF	371
Index Requires Authentication Unlicensed Licensed Download PDF	393

(Deutsch)

Language: German
Publisher: De Gruyter
Edition: Reprint 2012
Pages
- Front matter: 25
- Main content: 397
Keywords: Europäische Union; Privatrecht; Rechtsvereinheitlichung; Privatautonomie; Informationsökonomie

eBook

Published: October 25, 2012
ISBN: 9783110873030

Hardcover

Published: December 12, 2001
ISBN: 9783110170030