European contract law and the Charter of Fundamental Rights / edited by Hugh Collins.
2017
KJE1640 .E976 2017 (Map It)
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Details
Title
European contract law and the Charter of Fundamental Rights / edited by Hugh Collins.
Published
Cambridge, United Kingdom : Intersentia, [2017]
Copyright
©2017
Call Number
KJE1640 .E976 2017
ISBN
9781780684338 (paperback)
1780684339 (paperback)
1780684339 (paperback)
Description
xvi, 290 pages ; 24 cm.
System Control No.
(OCoLC)960462005
Summary
A collection of essays by legal scholars that explores from legal, historical and theoretical perspectives how the Charter of the Fundamental Rights of the European Union has affected, and is likely to impact on the development of, contract law and commercial law within the European Union.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
Table of Cases
ix
List of Authors
xv
Building European Contract Law on Charter Rights / Hugh Collins
1
1.
Bridging the Canyon between Rights and Contract Law
1
2.
EU Charter of Fundamental Rights
4
3.
European Contract Law
8
4.
Issues Arising in the Connecting Bridge
10
5.
Area 51
11
6.
Meaning of Charter Rights
16
7.
Direct Effect?
21
8.
Balancing Charter Rights in Contractual Contexts
26
9.
Charter Rights as the Foundation of EU Contract Law
30
How Autonomous Should Private Law Be? Elements of a Private Law Constitution / Michael Sturner
33
1.
Setting the Scene
33
2.
Constitutional Law and Private Law: Some Basic Assumptions
35
3.
Extending the Realm of Private Law
40
4.
Hybrid Law System
46
Constitutional Transformation of Private Law Pillars through the CJEU / Hans-W. Micklitz
49
1.
Premises
50
2.
Parameters
58
3.
Person
65
4.
Contract
70
5.
Property
78
6.
Remedies
84
7.
Clarification
90
Fundamental Rights before the Court of Justice of the European Union: A Social, Market-Functional or Pluralistic Paradigm? / Max Fabian Starke
93
1.
Narratives of National Fundamental Rights, Contract Law and the Economic Order
94
2.
Narratives and Assessments of EU Fundamental Rights, Contract Law and the Economic Order
97
3.
Dominance of the Logic of the Market: A Paradigm and its Patterns in the CJEU's Jurisprudence
99
4.
Some Explanations
109
5.
Conclusion
111
Minimum Harmonisation and Article 16 of the CFREU: Difficult Times Ahead for Social Legislation? / Candida Leone
113
1.
Fair Balance: Cutting out the Broader Picture
115
2.
Trampling over Minimum Harmonisation
116
3.
Article 16 of the Charter: The Unbearable Lightness of Essence
121
4.
Conclusions: Article 16 and the Future of Social Legislation in the EU
123
Right to Housing (Article 7 of the Charter) and Unfair Terms in General Conditions / Jacobien Rutgers
125
1.
Housing in the EU Member States
127
2.
Case Law of the European Court of Human Rights with Respect to Article 8 of the ECHR
129
3.
UTCD and Article 7 of the Charter
132
4.
Conclusion
136
EU Charter of Fundamental Rights and Consumer Credit: Towards Responsible Lending? / Olha O. Cherednychenko
139
1.
Introduction
139
2.
EU Constitutionalisation of Contract Law: A General Framework
142
3.
Access to Consumer Credit
146
4.
Substantive Consumer Protection against Irresponsible Lending
151
5.
Procedural Consumer Protection after Loan Default
157
6.
Concluding Remarks
164
Justice Dimensions of the Relationship between Fundamental Rights and Private Law / Martijn W. Hesselink
167
1.
Introduction
168
2.
Philosophies of Fundamental Rights and Private Law
171
3.
Autonomous Conception of Fundamental Rights and their Horizontal Effects
179
4.
Autonomous Reading of the Charter and its Impact on Private Law Relationships
184
5.
Conclusion
196
Discrimination and the Self-Employed: The Scope of Protection in an Interconnected Age / Alysia Blackham
197
1.
Introduction
197
2.
Context
199
3.
Existing Protection for the Self-Employed
204
4.
Theoretical Challenges Associated with Protecting the Self-Employed
209
5.
Implications of the Non-Application of the Equality Principle to Private Choice
216
6.
Conclusions
217
Effects of Fundamental Rights in Private Disputes / Goncalo de Almeida Ribeiro
219
1.
Introduction
219
2.
Premises of the Argument
223
3.
Direct Effect of Fundamental Rights
234
4.
Indirect Effect of Fundamental Rights
247
5.
Conclusion
255
Responsible Contracting: The Requirements of EU Fundamental Rights on Private Law Regimes / Dan Wielsch
257
1.
Institutional Turn: Preconditions of Private Autonomy
257
2.
Enforcing Legal Reflexivity through Fundamental Rights
265
3.
Conclusion: Making Private Regulation Responsible
279
Index
285