The impact of the unfair commercial practices directive (2005/29/EC) on contract law
Florence : European University Institute, 2014, EUI, LAW, PhD Thesis
DUROVIC, Mateja, The impact of the unfair commercial practices directive (2005/29/EC) on contract law, Florence : European University Institute, 2014, EUI, LAW, PhD Thesis - https://hdl.handle.net/1814/34559
Retrieved from Cadmus, EUI Research Repository
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.
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.
Cadmus permanent link: https://hdl.handle.net/1814/34559
Full-text via DOI: 10.2870/302605
Series/Number: EUI; LAW; PhD Thesis
Publisher: European University Institute
LC Subject Heading: Consumer protection -- Law and legislation -- European Union countries; Contracts -- European Union countries
Published version: http://hdl.handle.net/1814/42564