The impact of the unfair commercial practices directive (2005/29/EC) on contract law
Title: The impact of the unfair commercial practices directive (2005/29/EC) on contract law
Author: DUROVIC, Mateja
Citation: Florence : European University Institute, 2014
Series/Number: EUI PhD theses; Department of Law
This thesis examines the relationship between the law on unfair commercial practices and consumer contract law. The thesis develops the claim that Directive 2005/29/EC, on unfair commercial practices (UCPD) has had a strong impact on the content of consumer contract law, despite the declaration concerning the independence between both branches of law contained in Article 3(2) UCPD. In order to substantiate this claim, the thesis examines the implications for consumer contract law of the main components of the regulatory regime laid down by the UCPD, namely, (1) the notion of average consumer, (2) the duty to trade fairly, (3) the duty of information and (4) the remedies. By looking both at the theoretical underpinnings and at the actual operation of this regulatory regime, the thesis casts light on the way in which the UCPD has shaped consumer contract law. The thesis further shows that this is an ongoing phenomenon whose ramifications may be far-reaching, for it implies that the UCPD is powerfully fuelling the Europeanization of contract law.
LC Subject Heading: Consumer protection -- Law and legislation -- European Union countries; Contracts -- European Union countries
Defence date: 10 July 2014; Examining Board: Hans-Wolfang Micklitz, European University Institute (Supervisor); Giorgio Monti, European University Institute; Geraint Howells, University of Manchester; Viktor Kreuschitz, General Court of the European Union.
Published version: http://hdl.handle.net/1814/42564
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