Description
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.
Chapter
Part 2. Party Autonomy and Information – Normative and Theoretical Foundations
Section 1. Constitutional Aspects of Party Autonomy and Its Limits
Chapter 2. Constitutional Aspects of Party Autonomy and Its Limits – The Perspective of Law
Chapter 3. Constitutional Aspects of Party Autonomy and Its Limits – The Perspective of Constitutional Economics
Section 2. Information Problems and Market Failure: The Perspective of Economics
Chapter 4. Consumer Information Problems – Causes and Consequences
Chapter 5. Information in the Market Economy – Cognitive Errors and Legal Correctives
Part 3. Supremacy of Party Autonomy and Information under the EC Treaty
Chapter 6. Basic Freedoms – Extending Party Autonomy across Borders
Chapter 7. Disclosure Rules (Information) as a Primary Tool in the Doctrine on Measures Having an Equivalent Effect
Part 4. Information Rules in EC Secondary Law – Justifying Consumer and Labour Law Standards in General
Section 1. Justifying Consumer and Labour Law
Chapter 8. Justifying Limits to Party Autonomy in the Internal Market – Mainly Consumer Protection (Kirchner)
Chapter 9. Justifying Limits to Party Autonomy in the Internal Market – EC Legislation in the Field of Consumer Protection
Chapter 10. A Comment on Party Autonomy and Consumer Regulation in the European Community – A Plea for Consistency
Chapter 11. Justifying European Employment Law
Chapter 12. Justifying European Employment Law – Comments
Section 2. Information as an Instrument for Party Autonomy
Chapter 13. Disclosure Rules as a Primary Tool for Fostering Party Autonomy
Chapter 14. Disclosure Rules as a Primary Tool for Fostering Party Autonomy – Observations from a Functional and Comparative Legal Perspective
Chapter 15. Information Intermediaries and Party Autonomy – The Example of Securities and Insurance Markets
Part 5. Party Autonomy and Information Rules in Specific Areas of EC Private Law Legislation
Chapter 16. Party Autonomy and Information in the Unfair Contract Terms Directive
Chapter 17. Contractual Rules Concerning the Marketing of Goods and Services – Requirements of Form and Content versus Private Autonomy
Chapter 18. Party Autonomy and Information in the Sales Directive
Chapter 19. The Written Statement Directive – Social Norms, Information, and the Employment Relationship
Part 2. Party Autonomy and Information – Normative and Theoretical Foundations
Section 1. Constitutional Aspects of Party Autonomy and Its Limits
Chapter 2. Constitutional Aspects of Party Autonomy and Its Limits – The Perspective of Law
Chapter 3. Constitutional Aspects of Party Autonomy and Its Limits – The Perspective of Constitutional Economics
Section 2. Information Problems and Market Failure: The Perspective of Economics
Chapter 4. Consumer Information Problems – Causes and Consequences
Chapter 5. Information in the Market Economy – Cognitive Errors and Legal Correctives
Part 3. Supremacy of Party Autonomy and Information under the EC Treaty
Chapter 6. Basic Freedoms – Extending Party Autonomy across Borders
Chapter 7. Disclosure Rules (Information) as a Primary Tool in the Doctrine on Measures Having an Equivalent Effect
Part 4. Information Rules in EC Secondary Law – Justifying Consumer and Labour Law Standards in General
Section 1. Justifying Consumer and Labour Law
Chapter 8. Justifying Limits to Party Autonomy in the Internal Market – Mainly Consumer Protection (Kirchner)
Chapter 9. Justifying Limits to Party Autonomy in the Internal Market – EC Legislation in the Field of Consumer Protection
Chapter 10. A Comment on Party Autonomy and Consumer Regulation in the European Community – A Plea for Consistency
Chapter 11. Justifying European Employment Law
Chapter 12. Justifying European Employment Law – Comments
Section 2. Information as an Instrument for Party Autonomy
Chapter 13. Disclosure Rules as a Primary Tool for Fostering Party Autonomy
Chapter 14. Disclosure Rules as a Primary Tool for Fostering Party Autonomy – Observations from a Functional and Comparative Legal Perspective
Chapter 15. Information Intermediaries and Party Autonomy – The Example of Securities and Insurance Markets
Part 5. Party Autonomy and Information Rules in Specific Areas of EC Private Law Legislation
Chapter 16. Party Autonomy and Information in the Unfair Contract Terms Directive
Chapter 17. Contractual Rules Concerning the Marketing of Goods and Services – Requirements of Form and Content versus Private Autonomy
Chapter 18. Party Autonomy and Information in the Sales Directive
Chapter 19. The Written Statement Directive – Social Norms, Information, and the Employment Relationship
Party Autonomy and the Role of Information in the Internal Market
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