Party Autonomy and the Role of Information in the Internal MarketStefan Grundmann, Wolfgang Kerber, Stephen Weatherill Walter de Gruyter, 2001 - 397 pages 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. |
Contents
Party Autonomy and the Role of Information in the Internal | 3 |
Information Problems and Market Failure The Perspective | 12 |
Chapter 5 | 28 |
Constitutional Aspects of Party Autonomy and Its Limits | 41 |
Constitutional Aspects of Party Autonomy and Its Limits | 49 |
Part 3 | 91 |
The Perspective | 120 |
Basic Freedoms Extending Party Autonomy across Borders | 133 |
Conclusion | 223 |
Justifying European Employment Law Comments | 225 |
Section 2 | 230 |
European Harmonization of Contract | 237 |
Disclosure Rules as a Primary Tool for Fostering Party | 246 |
Information Intermediaries and Party Autonomy The Example | 264 |
Potential Problems | 275 |
Improving the Impact of Information Intermediaries | 281 |
Disclosure Rules Information as a Primary Tool in | 151 |
Information Rules in EC Secondary Law Justifying Consumer | 163 |
Justifying Consumer and Labour Law | 165 |
Justifying Limits to Party Autonomy in the Internal Market | 173 |
A Comment on Party Autonomy and Consumer Regulation | 197 |
An Intermediary Step A Plea for Consistency and | 203 |
Chapter 6 | 205 |
Three Dimensions of European Employment | 217 |
Insurance Intermediaries as a Contrasting Example | 299 |
Party Autonomy and Information Rules in Specific Areas of | 311 |
Contractual Rules Concerning the Marketing of Goods | 331 |
Party Autonomy and Information in the Sales Directive | 348 |
The Written Statement Directive Social Norms Information | 371 |
| 393 | |
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Common terms and phrases
able advantages apply approach argument basic better buyer choice client Commission Community competition concerned consequences considered constitutional consumer protection contract costs Council Court decisions developed Directive disclosure discussion duty economic effect employers employment established European example exist fact failure freedom German give given harmonisation important individual information intermediaries interests intermediaries internal market investment issue knowledge labour lead legislation less liability limits mandatory matter means measures Member necessary particular party autonomy possible potential practice preferences present principle problems question rational rational choice theory reasons regard regulation regulatory relating relevant requirements respect restrictions result role rules Sales securities seems seller situations social solution specific standards supra supra n theory trade transactions Treaty types