Information and Notification Duties

Technological and economical developments require contracting parties to be informed and advised. This book analyses several aspects of these information and notification duties.
Ilse Samoy, Marco B.M. Loos
Ius Commune Europaeum
book | published | 1st edition
November 2015 | xvi + 186 pp.


ISBN 9781780683539

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Technological and economical developments require contracting parties to be informed and advised: informed about the characteristics of the services or the goods they order; well advised about their choices and options; informed about the remedies that may be used against them; and well protected from the consequences of a lack of information or notification.

This book analyses several aspects of these information and notification duties. It is the result of fruitful collaboration as part of the Ius Commune Research School’s Contract Law and Law of Obligations research programme. Information and notification duties were the theme of a contract law workshop during the 19th Ius Commune Conference in Edinburgh in November 2014. This book contains the proceedings of that workshop, with contributions by Sanne Jansen (Leuven), Johanna Waelkens (Leuven), Johan Vannerom (Leuven), Carien de Jager (Groningen), Joasia Luzak (Amsterdam), Gerard de Vries (Amsterdam), and Mark Kawakami and Catalina Goanta (Maastricht), with an introduction by Ilse Samoy (Leuven) and Marco B.M. Loos (Amsterdam).

Table of Contents

Table of Contents (p. 0)

Notification, Shortcomings, Remedies, and Defences: A Complex Relationship – A Comparison between Belgian Law and European Legal Instruments (p. 1)

Sanne Jansen

Article 5 Unfair Terms Directive 93/13/EEC: Transparency and Interpretation in Consumer Contracts (p. 47)

Johanna Waelkens

The Consumer’s Right to Information: A ‘Reality Check’, on the Boundaries of a Duty to Inform and a Proposed Regulatory Reform (p. 73)

Johan Vannerom

‘Who Are You, Investor: Mr. Spock, Captain Kirk or Somewhere in between?’ – A Behavioural Finance Exploration and Suggestions for Better Informing Investors about Complex Investment Products Through Information Disclosure (p. 101)

Online Disclosure Rules of the Consumer Rights Directive: Protecting Passive or Active Consumers? (p. 123)

Is the General Pre-Contractual EU Notification Duty of Traders to Provide Consumers with Information with Respect to the Main Characteristics of the Goods or Services to Be Supplied in Keeping with the Systems of Private Lawof the Member States and Consis (p. 141)

Even Lawyers Are Consumers: Perceiving Business Attitudes in Online Contracts (p. 157)

Catalina Goanta

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Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).

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