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).
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)
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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.
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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).