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Electronic Consumer Contracts In The Conflict Of Laws

Author: Zheng Sophia Tang
Publisher: Bloomsbury Publishing
ISBN: 184731533X
Size: 69.76 MB
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The application of private international law to electronic consumer contracts raises new, complex, and controversial questions. It is new because consumer protection was not a private international law concern until very recently and e-commerce only became an important commercial activity within the last ten years. E-consumer contracts generate original questions which have not been considered under traditional private international law theories. It is complex because it has to deal both with difficulties raised by consumer contracts and the challenges of e-commerce. Reasonable resolutions to consumer contracts may prove inappropriate in e-commerce, while effective approaches to resolving private international law problems in e-commerce may be improper for consumer contracts. It is controversial because it concerns the conflicting interests of consumers and businesses in a fast-moving commercial environment - a fair balance is therefore hard to achieve. Without proper solutions provided by private international law, consumers will not be confident about purchasing online, and businesses will face unreasonable risk and participation costs in e-commerce. Updated and properly designed private international law rules are essential to the further development of e-commerce. This book aims to provide an answer to the urgent requirement for legal certainty, security and justice in e-consumer contracts. It is primarily concerned with existing approaches to jurisdiction and choice of law issues in e-consumer contracts in the European Community and England, but some typical approaches in other jurisdictions are also examined. Based on the analysis and the comparative study of the existing law, the book seeks to provide a proposal as to what the law should be in order to provide certainty to both parties, to provide reasonable protection to consumers, and to promote the development of e-commerce.

Electronic Consumer Contracts In The Conflict Of Laws

Author: Zheng Sophia Tang
Publisher: Bloomsbury Publishing
ISBN: 1782259309
Size: 20.93 MB
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The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.

Electronic Commerce And International Private Law

Author: Lorna E. Gillies
Publisher: Routledge
ISBN: 1317145240
Size: 36.54 MB
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Electronic Commerce and International Private Law examines the maximization of consumer protection via the consumer's jurisdiction and law. It discusses the proposition that a new connecting factor be used to improve the efficiency of juridical protection for consumers who contract with foreign sellers by electronic means and offers recommendations as to how to amend existing jurisdiction and choice of law rules to provide a basis for the consumer to sue in his own jurisdiction and for the law of the consumer's domicile to apply. The book will be a valuable resource for academics, students and practitioners working in the areas of international private law, electronic commerce law and consumer law.

Codifying Choice Of Law Around The World

Author: Symeon C. Symeonides
Publisher: Oxford University Press (UK)
ISBN: 0199360847
Size: 10.34 MB
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Codifying Choice of Law Around the World chronicles, documents, and celebrates the extraordinary, massive codification of Private International Law (PrIL), or Conflict of Laws that has taken place in the last 50 years, from 1962-2012. During this period, the world has witnessed the adoption of nearly 200 PrIL codifications, EU Regulations, and international conventions---more than in all preceding years since the inception of PrIL. This book provides a horizontal comparison and discussion of these codifications and conventions, first by comparing the way they resolve tort and contract conflicts, and then by comparing the answers of these codifications to the fundamental philosophical and methodological dilemmas of PrIL. In the process, this book re-examines and dispels certain widely held assumptions about choice of law, and the art and science of codification in general. Written by Symeon C. Symeonides, a renowned PrIL and comparative law expert with extensive first-hand experience in drafting codifications and advising other drafters, Codifying Choice of Law Around the World will serve as an indispensable point of reference for any serious study or discussion of PrIL, and comparative law.

Internet Jurisdiction And Choice Of Law

Author: Faye Fangfei Wang
Publisher: Cambridge University Press
ISBN: 1139488457
Size: 72.35 MB
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The adoption of electronic commercial transactions has facilitated cross-border trade and business, but the complexity of determining the place of business and other connecting factors in cyberspace has challenged existing private international law. This comparison of the rules of internet jurisdiction and choice of law as well as online dispute resolution (ODR) covers both B2B and B2C contracts in the EU, USA and China. It highlights the achievement of the Rome I Regulation in the EU, evaluates the merits of the Hague Convention on Choice of Court Agreement at the international level and gives an insight into the current developments in CIDIP. The in-depth research allows for solutions to be proposed relating to the problems of the legal uncertainty of internet conflict of law and the validity and enforceability of ODR agreements and decisions.

European Media Law

Author: Oliver Castendyk
Publisher: Kluwer Law International B.V.
ISBN: 9041123474
Size: 43.56 MB
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Supplies an in-depth commentary on EU media law, with detailed analysis of all important legislation and court decisions. It leads European lawyers with vast knowledge and practical experience of media law provide detailed expert commentary.

The Law Of Corporate Finance General Principles And Eu Law

Author: Petri Mäntysaari
Publisher: Springer Science & Business Media
ISBN: 9783642030550
Size: 60.52 MB
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1. 1 Investments, Generic Contracts, Payments According to Volume I, contracts are one of the five generic legal tools used to manage cash flow, risk, agency relationships, and information. Many investments are therefore based on one or more contracts. Obviously, the firm should draft good contracts. Good drafting can ensure the same intended cash flow with reduced risk. Bad drafting can increase risk. This volume attempts to deconstruct contracts used by non-financial firms and analyse them from a cash flow, risk, agency, and information perspective. The starting point is a generic contract, i. e. a contract which does not belong to any particular contract type (Chapters 2–7). This volume will also focus on payment obligations. Payment obligations are characteristic of all financial instruments, and they can range from simple payment obligations in minor sales contracts and traditional lending contracts (Chapters 8– 11). 1. 2 Particular Contract Types A number of particular contract types have been discussed in the other volumes of this book. (1) A certain party’s investment contract can be another party’s fu- ing contract. Particular investment contracts will therefore be discussed in Volume III in the context of funding. (2) Many contracts are necessary in the context of business acquisitions discussed in Volume III. (3) Multi-party contracts are c- mon in corporate finance. The firm’s contracts with two or more parties range from syndicated loans to central counterparties’ contracts. Such contracts will be discussed both in Chapter 12 and Volume III.

Enforcement Of International Contracts In The European Union

Author: Johan Meeusen
Publisher: Intersentia nv
ISBN: 9050953727
Size: 70.28 MB
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The enforcement of international contracts in the European Union is increasingly dependent on Community (rather than national) private international law. This book examines the present status and future prospects of Community private international law in the contractual area. It focuses in particular upon the joint analysis of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations (which is likely to be converted in the near future into the Rome I-regulation) and the Brussels I-regulation. Rather than attempting a comprehensive study of Brussels I and Rome I, this book examines a number of key issues considered particularly pertinent from the point of view of the coherence between both instruments. This approach should contribute to the consistency of Community policy-making and legislation in the field of international contracts, to the benefit of market participants. This book is the culmination of a research project funded by the European Commission (DG Justice and Home Affairs, Framework programme for judicial co-operation in civil matters) and co-ordinated by the University of Antwerp Belgium. Eminent European experts have contributed to the book which should prove of interest to law makers, academics and practitioners concerned with the enforcement of contracts in a cross-border context.

Legal Tech

Author: Markus Hartung
Publisher: C.H.Beck
ISBN: 3406713505
Size: 17.34 MB
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Zum Inhalt: Das neue Buch analysiert umfassend die Digitalisierung im Rechtsmarkt und deren Auswirkungen. Es gibt einen facettenreichen Überblick über den Einsatz von Legal Tech in Kanzleien und Rechtsabteilungen und formuliert Strategien für den erfolgreichen Einsatz von Legal Tech in der anwaltlichen Arbeit. Der Leser erfährt, welche strategischen Weichenstellungen er in seiner Kanzlei oder Rechtsabteilung jetzt stellen muss, um auf die Herausforderungen und Chancen von Legal Tech vorbereitet zu sein. - Umfassender Überblick über Legal Tech und die Digitalisierung im Rechtsmarkt - Praxisbezogene Anwendungsbeispiele und Digitalisierungsstrategien - Darstellung und Analyse zukünftiger technischer Entwicklungen (u.a. Smart Contracts, Blockchain, Künstliche Intelligenz) - Legal Tech Szene in Deutschland, Großbritannien und USA Zu den Autoren: Die Herausgeber Markus Hartung, Dr. Micha-Manuel Bues und Dr. Gernot Halbleib setzen sich seit Jahren mit den theoretischen und praktischen Folgen der Digitalisierung der Rechtsbranche auseinander. Der Autorenkreis setzt sich aus internationalen Experten und Praktikern zusammen, die die Themen Legal Tech und Digitalisierung aus unterschiedlichen Blickwinkeln eingehend analysieren und beleuchten.