Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

On the Usefulness of Default Rules and Disproportionate Sanctions in Consumer Law

On the Usefulness of Default Rules and Disproportionate Sanctions in Consumer Law European Review of Private Law 3-2021 [399–402] © 2021 Kluwer Law International BV, The Netherlands. Editorial On the Usefulness of Default Rules and Disproportionate Sanctions in Consumer Law In this third issue of 2021, our readers will find a relatively classic mix of contribu- tions dealing with most of the core domains of private law: contract, tort, family, property & trust. In contract law, we have two more critical contributions on the new harmonised rules on contracts for digital content and digital services, by Raphäel Gellert and Ignacio Fernández Chacón. As the Editorial in issue 1 was devoted to the digital acquis, I will however tackle another topic, which is closely related to the article by Marco Farina on unfair terms and supplementation of the contract. Farina’s article is mainly dealing with ‘essential’ clauses and gives not only a careful analysis of the case law but also an interesting evaluation of the various solutions. I nevertheless tend to believe that there is something wrong with the even more radical position in the case law concerning non-essential clauses. In the civil law tradition (and to a lesser extent in common law), the law has developed for contracts in general, and http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Review of Private Law Kluwer Law International

On the Usefulness of Default Rules and Disproportionate Sanctions in Consumer Law

European Review of Private Law , Volume 29 (3): 4 – Jul 1, 2021

Loading next page...
 
/lp/kluwer-law-international/on-the-usefulness-of-default-rules-and-disproportionate-sanctions-in-7YGHVU0xsA
Publisher
Kluwer Law International
Copyright
Copyright © 2021 Kluwer Law International BV, The Netherlands
ISSN
0928-9801
Publisher site
See Article on Publisher Site

Abstract

European Review of Private Law 3-2021 [399–402] © 2021 Kluwer Law International BV, The Netherlands. Editorial On the Usefulness of Default Rules and Disproportionate Sanctions in Consumer Law In this third issue of 2021, our readers will find a relatively classic mix of contribu- tions dealing with most of the core domains of private law: contract, tort, family, property & trust. In contract law, we have two more critical contributions on the new harmonised rules on contracts for digital content and digital services, by Raphäel Gellert and Ignacio Fernández Chacón. As the Editorial in issue 1 was devoted to the digital acquis, I will however tackle another topic, which is closely related to the article by Marco Farina on unfair terms and supplementation of the contract. Farina’s article is mainly dealing with ‘essential’ clauses and gives not only a careful analysis of the case law but also an interesting evaluation of the various solutions. I nevertheless tend to believe that there is something wrong with the even more radical position in the case law concerning non-essential clauses. In the civil law tradition (and to a lesser extent in common law), the law has developed for contracts in general, and

Journal

European Review of Private LawKluwer Law International

Published: Jul 1, 2021

There are no references for this article.