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| Author: | Mak, C. |
| Title: | Fundamental rights and the European regulation of iconsumer contracts |
| Journal: | Journal of Consumer Policy
2008 : DEC, VOL 31:4 p. 425-439 |
| Index terms: | consumer law European Union consumer protection civil law administration |
| Freeterms: | e-commerce fundamental rights |
| Language: | eng |
| Abstract: | This study examines how fundamental rights affect European legislation and adjudication on contracts. Specifically the study concentrates on the contracts regarding digital information services which are a market branch that is rapidly expanding and is in need of regulation. The findings reveal that fundamental rights are enacted rules of the legal system. For iconsumer contracts, that means that the rights of consumers, authors, and suppliers of copyright-protected content affect the choice of rule-solutions on the European legislative level. In addition, these fundamental rights have an influence on the case law of the European Court of Justice in the field of e-commerce and help define the various rule-solutions the Court can choose from. |
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