search query: @author Micklitz, H-W. / total: 4
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| Author: | Micklitz, H-W. |
| Title: | The principles of European Contract Law and the protection of the weaker party |
| Journal: | Journal of Consumer Policy
2004 : SEP, VOL. 27:3, p. 339-356 |
| Index terms: | Contracts Law Europe |
| Language: | eng |
| Abstract: | The Principles of European Contract Law (PECL) must be seen as a major step forward in the development of a body of European rules and principles. The leading principles are party autonomy and self-determination, restricted by the notion of good faith. This paper tests whether and to what degree the European Principles (henceforth as: EPs.) manage to deal with consumer protection law as it has developed over the last 20 or 30 yrs. It is argued that with some effort the EPs. can be read so as to leave room for integrating the protection of the weaker party, albeit to a limited extent only. The insufficiencies can be overcome only by merging the acquis communautaire in consumer law with the EPs. |
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