Information Rights and Obligations
A Challenge for Party Autonomy and Transactional Fairness
Information requirements have become a key element of consumer policy at the European level and are also gaining increasing importance in all other areas of private law. The law stipulates that information provided should not be misleading and also involves requirements regarding the fairness and objectivity of what has been provided. In addition to controlling the veracity of what is voluntarily offered by traders, the law increasingly requires disclosure of certain information. This volume focuses especially on the question of how these information requirements influence the party autonomy. International contributors explore in various contexts whether the legislative policy regarding the information requirements and their relationship to party autonomy has been properly thought through.
Table of Contents
Contents: Autonomy and fairness: the case of public statements, Chris Willett; The strategy and the harmonization process within the European legal system: party autonomy and information requirements, Paola Gozzo; Evolution of party autonomy in a legal system under transformation - recent developments in Poland under special consideration of the package travel directive, Katarzyna Michalowska; From truth in lending to responsible lending, Iain Ramsay; EC directives for self-employed commercial agents and on time-sharing - apples, oranges and the core of the information overload problem, Bettina Wendlandt; Information requirements in the e-commerce directive and the proposed directive on unfair commercial practices, Annette Nordhausen; Contractual disclosure and remedies under the unfair contract terms directive, Edoardo Ferrante; Information disclosure about the quality of goods - duty or encouragement?, Christian Twigg-Flesner; Information and product liability - a game of Russian roulette?, Geraint Howells; 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; 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?, André Janssen; Annex: Principles of European Private Law Long-Term Commercial Contracts: Commercial Agency, Distribution, Franchise, edited by Martijn W. Hesselink; Index.
Geraint Howells is the Professor of Law at Lancaster University, UK, and is also a Barrister at Gough Square Chambers, UK. Dr. André Janssen is Assistant Professor and Chair for German and European Private Law at the University of MÃ¼nster, Germany. Dr. Reiner Schulze is the Professor of Law, and Chair for German and European Private Law, at the University of MÃ¼nster, Germany.
'A collection of essays that successfully combine deep academic reflection on the role of party autonomy in the theory of contract with useful detailed legal analysis concerning practical, important issues like product liability, consumer credit and consumer sales. Offering new and thought-provoking insights, it can be recommended to students and practitioners interested in consumer law and European private law.' Thomas Wilhelmsson, University of Helsinki, Finland 'The book is a topical and insightful examination of contemporary issues in consumer law and economics. It assesses the questions of law and policy that govern intervention in the functioning of markets in the name of better information provision.' Stephen Weatherill, Jacques Delors Professor, The University of Oxford, UK 'The book will stimulate anyone interested in the functions of the various legal information requirements introduced on the European level not only as a means of protecting consumers but also in other areas of private law. Together the eleven contributions present a detailed and varied study of information duties in different private law contexts.' Peter MÃ¸gelvang-Hansen, Professor, Copenhagen Business School, Denmark ''There is something of interest for most readers: from those preferring a theoretical, abstract discussion to those who desire detailed and specific considerations of particular rules in particular jurisdictions. The collection provides much food for thought and will no doubt stimulate further debate in the area.' Journal of Consumer Policy