Control of Price Related Terms in Standard Form Contracts / edited by Yeşim M. Atamer, Pascal Pichonnaz.
2020
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Title
Control of Price Related Terms in Standard Form Contracts / edited by Yeşim M. Atamer, Pascal Pichonnaz.
Added Author
Added Corporate Author
Edition
1st ed. 2020.
Imprint
Cham : Springer International Publishing : Imprint: Springer, 2020.
Description
XXXI, 758 p. 1 illus. online resource.
Series
Ius Comparatum - Global Studies in Comparative Law, 2214-689X ; 36.
Formatted Contents Note
Part I
General Report
Control of Price Related Terms in Standard Form Contracts: General Report
Part II
Supranational Report: European Union
Control of Price Related Terms in Standard Form Contracts in the European Union: The Innovative Role of the CJEU's Case-Law
Part III
National Reports
Control of Price Related Terms in Standard Form Contract in Argentina
Control of Price Related Terms in Standard Form Contracts in Austria: Judicial Control and Other Means of Price Control
Control of Price Related Terms in Standard Form Contracts in Belgium
Control of Price Related Terms in Standard Form Contracts in Brazil
Control of Price Related Terms in Common Law Canada: Piecemeal Solutions to Demonstrated Problems of Unfairness
Control of Price Related Terms in Standard Form Contracts in Canada (Civil Law): Le prix dans les contrats de consommation, les contrats d'adhésion et les contrats réglementés - pouvoir d'intervention des tribunaux et autres modes de contrôle des prix en droit Québécois
Control of Price Related Terms in Standard Form Contracts in Chile: Price Control and the External Intervention of Contracts in Chilean Law
Control of Price Related Terms in Standard Form Contracts in China
Control of Price Related Terms in Standard Form Contracts in Croatia
Control of Price Related Terms in Standard Form Contracts in Denmark: Pragmatism and General Clauses
Control of Price Related Terms in Standard Form Contracts in Estonia: Judicial Control and Other Means of Price Control
Control of Price Related Terms in Standard Form Contracts in France
Control of Price Related Terms in Standard Form Contracts in Germany
Three Modes of Regulating Price Terms in Standard-Form Contracts-The Israeli Experience
Control of Price Related Terms in Standard Form Contracts in Italy
Control of Price Related Terms in Standard Form Contracts in Japan
Control of Price Related Terms in Standard Form Contracts in the Netherlands: Exclusion of Clauses Pertaining to the Core of the Contract
Control of Price Related Terms in Standard Form Contracts in Romania
Freedom of Contract in Respect of Price Terms in Russian Law: With a Special Focus on Price Terms in Standard Form Contracts
Control of Price Related Terms in Standard Form Contracts in Singapore
Control of Price Related Terms in Standard Form Contracts in Slovenia
Control of Price Related Terms in Standard Form Contracts in South Africa
Control of Price Related Terms in Standard Form Contracts in Spain
Control of Price Related Terms in Standard Form Contracts in Switzerland-The Control of Standard Contracts Terms: The Swiss Approach
Control of Price Related Terms in Standard Form Contracts in Taiwan: Control of Price Related Terms Through the Legislator, the Judiciary and the Administration
Control of Price Related Terms in Standard Form Contracts in Turkey: Judicial and Other Means of Price Control
Control of Price Related Terms in Standard Form Contracts in the UK: Regulating Prices and Charges in the UK: Information Versus Substance, General Clauses Versus Rules Developed by Regulators.
General Report
Control of Price Related Terms in Standard Form Contracts: General Report
Part II
Supranational Report: European Union
Control of Price Related Terms in Standard Form Contracts in the European Union: The Innovative Role of the CJEU's Case-Law
Part III
National Reports
Control of Price Related Terms in Standard Form Contract in Argentina
Control of Price Related Terms in Standard Form Contracts in Austria: Judicial Control and Other Means of Price Control
Control of Price Related Terms in Standard Form Contracts in Belgium
Control of Price Related Terms in Standard Form Contracts in Brazil
Control of Price Related Terms in Common Law Canada: Piecemeal Solutions to Demonstrated Problems of Unfairness
Control of Price Related Terms in Standard Form Contracts in Canada (Civil Law): Le prix dans les contrats de consommation, les contrats d'adhésion et les contrats réglementés - pouvoir d'intervention des tribunaux et autres modes de contrôle des prix en droit Québécois
Control of Price Related Terms in Standard Form Contracts in Chile: Price Control and the External Intervention of Contracts in Chilean Law
Control of Price Related Terms in Standard Form Contracts in China
Control of Price Related Terms in Standard Form Contracts in Croatia
Control of Price Related Terms in Standard Form Contracts in Denmark: Pragmatism and General Clauses
Control of Price Related Terms in Standard Form Contracts in Estonia: Judicial Control and Other Means of Price Control
Control of Price Related Terms in Standard Form Contracts in France
Control of Price Related Terms in Standard Form Contracts in Germany
Three Modes of Regulating Price Terms in Standard-Form Contracts-The Israeli Experience
Control of Price Related Terms in Standard Form Contracts in Italy
Control of Price Related Terms in Standard Form Contracts in Japan
Control of Price Related Terms in Standard Form Contracts in the Netherlands: Exclusion of Clauses Pertaining to the Core of the Contract
Control of Price Related Terms in Standard Form Contracts in Romania
Freedom of Contract in Respect of Price Terms in Russian Law: With a Special Focus on Price Terms in Standard Form Contracts
Control of Price Related Terms in Standard Form Contracts in Singapore
Control of Price Related Terms in Standard Form Contracts in Slovenia
Control of Price Related Terms in Standard Form Contracts in South Africa
Control of Price Related Terms in Standard Form Contracts in Spain
Control of Price Related Terms in Standard Form Contracts in Switzerland-The Control of Standard Contracts Terms: The Swiss Approach
Control of Price Related Terms in Standard Form Contracts in Taiwan: Control of Price Related Terms Through the Legislator, the Judiciary and the Administration
Control of Price Related Terms in Standard Form Contracts in Turkey: Judicial and Other Means of Price Control
Control of Price Related Terms in Standard Form Contracts in the UK: Regulating Prices and Charges in the UK: Information Versus Substance, General Clauses Versus Rules Developed by Regulators.
Summary
This book explores various approaches around the world regarding price term control, and particularly discusses the effectiveness of two major paths: ex ante regulatory and ex post judicial intervention. Price control and its limits are issues that affect all liberal market economies, as well as more regulated markets. For the past several years, courts in many different countries have been confronted with the issue of whether, and to what extent, they should intervene regarding price-related terms in standard form contracts - especially in the area of consumer contracts. Open price clauses, flat remunerations, price adjustment clauses, clauses giving the seller/supplier the right to ask for additional payments, bundling or partitioning practices, etc.: a variety of price-related terms are used to manipulate customers' choices, often also by exploiting their behavioral biases. The result is an unfavorable contract that is later challenged in court. However, invalidating a given price term in standard forms e.g. of a banking or utilities contract only has an inter partes effect, which means that in thousands if not millions of similar contracts, the same clauses continue to be used. Effective procedural rules are often lacking. Therefore, pricing patterns that serve to hide rather than to reveal the real cost of goods and services require special attention on the part of regulators. Thanks to its broad comparative analysis, this book offers a thorough overview of the methods employed in several countries. It gathers twenty-eight contributions from national rapporteurs and one supra-national rapporteur (EU) to the 2018 IACL Congress held in Fukuoka. These are supplemented by a general report presented at the same IACL Congress, which includes a comparative analysis of the national and supranational reports. The national contributors hail from around the globe, including Africa (1), Asia (5), Europe (17), the European Union (1) and the Americas (5).
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Language
English
ISBN
9783030230579
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