Contract II: General Provisions, Delivery of Goods, Package Travel and Payment Services

Front Cover
sellier. european law publ., 2009 - Law - 517 pages
The Acquis Group ?? also known as the European Research Group on Existing EC Private Law ?? pursues the objective of presenting, in a restated form known as the Acquis Principles (ACQP), the large and sometimes incoherent patchwork of existing EC private law. These Principles reflect the current state of EC law in a structure which allows for the identification of commonalities, contradictions, and gaps in the Acquis. The Acquis Principles include: general rules formulated on the basis of existing EC law; an accompanying commentary, outlining the foundations in the Acquis; and definitions of core legal terms and a glossary on terminology. This present volume is the second of a series. The book combines a revision of the parts of the ACQP published in the first volume ?? Contract I ?? with many new rules on remedies for non-performance, as well as certain specific situations or contracts, such as delivery of goods, package travel, and payment services.
 

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Contents

Preface
xiii
Authors of the Comments to the Acquis Principles
xxi
an Introduction to
xxxvi
Acquis Principles
3
Rules and Comments
49
201 Consumer
55
Notice and form
71
305 Textual form
81
away from business premises
274
Timeshare Contracts
288
NonNegotiated Terms
297
Inclusion and interpretation of terms
305
202 Preference to negotiated terms
312
Validity of terms
319
303 Scope of the unfairness test
326
306 Effects of unfair terms
335

307 In writing
89
PreContractual Duties
99
102 Legitimate expectations
106
Precontractual information duties
115
203 Information duties towards disadvantaged consumers
125
204 Clarity and form of information
132
206 Information about price
140
Specific Provisions
149
Consumer Credit Contracts
155
102 Discrimination
163
Remedies
170
203 Burden of proof
178
General Provisions
181
Specific Provisions
222
Package Travel Contracts
228
102 Exercise of a right of withdrawal
239
103 Withdrawal period
245
104 Information on the right of withdrawal
254
105 Effects of withdrawal
260
106 Linked contracts
266
General Provisions
339
201 Time of performance
361
Specific Provisions
368
B02 Mandatory nature for consumer contracts
377
E03 Revision of price
387
E05 Businesss right of termination
396
Remedies
401
Performance and cure of nonperformance
408
302 Notice of termination
421
Damages
427
402 Measure of damages
433
404 Interest on delayed payment
440
Specific Provisions
448
E01 Mandatory nature
464
E04 Duty to inform about nonperformance
472
Commercial Agency Contracts 399
474
List of grey rules taken from the Draft CFR DCFR
481
Table of Cases
503
Abbreviations
509
Copyright

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