Book contents
- Frontmatter
- Preface
- Contents
- Table of Cases
- Table of Legislation
- List of Abbreviations
- Part I Sources of European Law and Their Influence on National Private Law
- Part II Overview of Directives and Scholarly Projects in General Private Law
- Chapter 7 A Summary of the Private Law Directives
- Chapter 8 An Overview of the ‘Principles’ and Other Academic Projects
- Bibliography
- Index
Chapter 7 - A Summary of the Private Law Directives
from Part II - Overview of Directives and Scholarly Projects in General Private Law
Published online by Cambridge University Press: 22 September 2018
- Frontmatter
- Preface
- Contents
- Table of Cases
- Table of Legislation
- List of Abbreviations
- Part I Sources of European Law and Their Influence on National Private Law
- Part II Overview of Directives and Scholarly Projects in General Private Law
- Chapter 7 A Summary of the Private Law Directives
- Chapter 8 An Overview of the ‘Principles’ and Other Academic Projects
- Bibliography
- Index
Summary
INTRODUCTION
This chapter presents a brief summary of the directives in the field of general private law. The directives are classified based on the area of law to which each directive primarily relates. However, this does not preclude their relevance to other fields of law (for example, there is a property law provision in the late payment directive).
Contract law:
– Contracts negotiated away from business premises (doorstep selling) (85/577)
– Credit agreements for consumers (2008/48), repealing the directive on consumer credit agreements (87/102)
– Package travel (90/314)
– Unfair terms in consumer contracts (93/13)
– Timeshare (2008/122, repealing directive 94/47)
– Distance marketing (97/7)
– Consumer sale and associated guarantees (99/93)
– Electronic signatures (99/93)
– Electronic commerce (2000/31)
– Late payment in commercial transactions (2011/7, repealing directive 2000/35)
– Distance marketing of consumer financial services (2002/65)
– Consumer rights (2011/83)
Unlawful acts:
– Product liability (85/374)
– Misleading and comparative advertising (2006/114)
– Unfair business-to-consumer commercial practices (2005/29)
Property law:
– Return of cultural objects (93/7)
– Financial collateral arrangements (2002/47)
DIRECTIVES IN THE FIELD OF CONTRACT LAW
DOORSTEP SELLING
The purpose of the directive on doorstep selling187 is to take measures to protect the consumer against unfair commercial practices in door-to-door selling and other contracts for which a trader takes the initiative away from his business premises. The preamble states that a special feature of such sales is that as a rule it is the trader who initiates the negotiations, for which the consumer is unprepared or which he does not expect and that the consumer is oft en unable to compare the quality and price of the offer with other offers. The directive applies (see Art. 1) to contracts under which a trader supplies goods or services to a consumer, which are concluded away from the trader's normal business premises (shop), namely: – during an excursion organised by the trader away from his business premises (this includes a contract signed at a tourist complex of time-share apartments located in a town to which the consumer was invited by the trader and which is not the town where the consumer resides or the trader has its registered office: judgment in Travel Vac SL v. Sanchis, C-423/97); – during a visit by the trader to the consumer's home or to that of another consumer; – at the consumer's place of work, unless the visit takes place at the express request of the consumer.
- Type
- Chapter
- Information
- European Law and National Private LawEffect of EU Law and European Human Rights Law on Legal Relationships between Individuals, pp. 211 - 266Publisher: IntersentiaPrint publication year: 2016