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Information Rights and Obligations: A Challenge for Party Autonomy and Transactional Fairness

ISBN13: 9780754624325
ISBN: 0754624323
Published: January 2006
Publisher: Routledge
Format: Hardback
Price: £120.00

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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.

Data Protection
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