22 research outputs found
The Common European Sales Law, consumer protection and overriding mandatory provisions in private international law
No full textThis article analyses the relationship of the proposed Common European Sales Law (CESL) and the rules on mandatory and overriding provisions in private international law. The author argues that the CESL will not achieve its stated aim of taking precedence over these provisions of national law and therefore not lead to an increase in cross-border trade. It is pointed out how slight changes in drafting can overcome the collision with mandatory provisions. The clash with overriding mandatory provisions, the author argues, should be taken as an opportunity to rethink the definition of these provisions
Avoid the statutist trap : the international scope of the Consumer Credit Act 1974
No full textThis article takes a fresh look at the role statutes play within the conflict of laws. The author argues that statutes can only ever apply within the framework of conflict-of-laws rules. Parliament's intention must be taken to subject legislation to the conflict-of-laws system. The opposing view would commit the mistake of falling into the 'statutist trap' and overload statutes with meaning, which they do not have. The author uses the Consumer Credit Act 1974 and the House of Lord's decision in OFT v Lloyds to illustrate the argument
Conquering the legal world : the use of English in foreign courts
No full textThis article discusses the initiatives to allow the use of English in German and French courts. The difficulties arising out of such initiatives are highlighted and the aims evaluated. The article illustrates how, at present, such proposals suffer from insufficient English language translations of statutes and highlights the legal and practical obstacles. The article demonstrates that language is not the primary reason why parties do not chose Germany or France as place of litigation and concludes that therefore the initiatives will not bring about the desired effect
Wenn der Studienanfang schon beinahe das Ende ist das schnelle Jurastudium in Gro?britannien
No full textThe Classification of Floating Charges in International Private Law
No full textDer Beitrag untersucht die Behandlung der in englischer equity entstandenen Kreditsicherheit floating charge – einer Belastung eines Unternehmens als solches – im deutschen IPR. Anhand der Einführung der floating charge in Schottland auf gesetzlicher Grundlage und vor dem Hintergrund der EuInsVO wird eine Qualifikation als sachenrechtliches Instrument vorgeschlagen und die bisher teilweise vertretene insolvenzrechtliche Qualifikation abgelehnt
The case against Section 75 of the Consumer Credit Act 1974 in credit card transactions
No full textThis article revisits the question of whether credit card issuers should be jointly liable with the supplier of goods and services and concludes that the extension of the statutory regime in the Consumer Credit Act 1974 is difficult to reconcile with the wording of the statute and misconceived in terms of policy
Energy Price Cap – a Disservice to Consumers
No full textThis is the author accepted manuscript.The UK energy regulator Ofgem recently announced that it would be capping the standard variable tariff that gas and electricity providers can charge consumers, having been tasked to do so by the Domestic Energy Gas & Electricity (Price Cap) Act 2008. The aim that the Government pursues with this legislative measure is to protect the most vulnerable consumers, who are unlikely to switch providers, by limiting the amount providers could charge. This paper will question whether consumers, in particular vulnerable consumers, can effectively be protected by a price cap. In order to achieve this, this article evaluates the approach taken by the Government and the underpinning assumptions about the state of the market, the true vulnerability of consumers, and the likely effects of price intervention on competition. Our analysis shows that the potential gains of a price cap are outweighed by the negative effects of the intervention, which means that vulnerable consumers will likely be left worse off in the long run. This article therefore proposes an alternative approach: considering the above factors, it concludes that regulation of the contractual renewal process would achieve the aims of the Government without the additional negative effects of a price cap
The common European sales law and mandatory provisions in the conflict of laws
No full textThis article analyses the relationship between the proposed Common European Sales Law (CESL) and mandatory provisions of national law. It is argued that the embedding of this optional sales regime in the conflict of laws makes the application of mandatory provisions inevitable. In particular the application of overriding mandatory provisions might disturb the planned operation of CESL and render the desired harmonisation illusory. This should be taken as a reason to rethink the overly broad definition of overriding mandatory provisions under the Rome I Regulation and rationalise this intruder into the conflict of laws system
