Party Autonomy and the Role of Information in the Internal Market

by Grundmann, Stefan; Kerber, Wolfgang; Weatherill, Stephen

• ISBN13: 9783110170030
• ISBN10: 3110170035
• Format: Hardcover
• Copyright: 2001-03-01
• Publisher: De Gruyter

Summary

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.

Table of Contents

Detailed Contents	xi
List of Contributors	xxii
Abbreviations	xxiii
Part 1 The Overall Structure	1	(38)
Party Autonomy and the Role of Information in the Internal Market--an Overview	3	(36)
Grundmann
Kerber
Weatherill
Part 2 Party Autonomy and Information--Normative and Theoretical Foundations	39	(2)
Section 1 Constitutional Aspects of Party Autonomy and Its Limits	41	(39)
Constitutional Aspects of Party Autonomy and Its Limits--The Perspective of Law	41	(8)
Coester-Waltjen
Constitutional Aspects of Party Autonomy and Its Limits--The Perspective of Constitutional Economics	49	(31)
Kerber
Vanberg
Section 2 Information Problems and Market Failure: The Perspective of Economics	80	(51)
Consumer Information Problems--Causes and Consequences	80	(18)
Wein
Information in the Market Economy--Cognitive Errors and Legal Correctives	98	(33)
Ulen
Part 3 Supremacy of Party Autonomy and Information under the EC Treaty	131	(32)
Basic Freedoms--Extending Party Autonomy across Borders	133	(18)
Muller-Graff
Disclosure Rules (Information) as a Primary Tool in the Doctrine on Measures Having an Equivalent Effect	151	(12)
Usher
Part 4 Information Rules in EC Secondary Law--Justifying Consumer and Labour Law Standards in General	163	(2)
Section 1 Justifying Consumer and Labour Law	165	(65)
Justifying Limits to Party Autonomy in the Internal Market--Mainly Consumer Protection	165	(8)
Kirchner
Justifying Limits to Party Autonomy in the Internal Market--EC Legislation in the Field of Consumer Protection	173	(24)
Weatherill
A Comment on Party Autonomy and Consumer Regulation in the European Community--A Plea for Consistency	197	(8)
Micklitz
Justifying European Employment Law	205	(20)
Collins
Justifying European Employment Law--Comments	225	(5)
Windbichler
Section 2 Information as an Instrument for Party Autonomy	230	(81)
Disclosure Rules as a Primary Tool for Fostering Party Autonomy	230	(16)
Merkt
Disclosure Rules as a Primary Tool for Fostering Party Autonomy--Observations from a Functional and Comparative Legal Perspective	246	(18)
Hopt
Information Intermediaries and Party Autonomy--The Example of Securities and Insurance Markets	264	(47)
Grundmann
Kerber
Part 5 Party Autonomy and Information Rules in Specific Areas of EC Private Law Legislation	311	(60)
Party Autonomy and Information in the Unfair Contract Terms Directive	313	(18)
Wolf
Contractual Rules Concerning the Marketing of Goods and Services--Requirements of Form and Content versus Private Autonomy	331	(17)
Schwintowski
Party Autonomy and Information in the Sales Directive	348	(23)
Riesenhuber
The Written Statement Directive--Social Norms, Information, and the Employment Relationship	371
Deakin