823 research outputs found
Aandachtspunten bij de verwerking van persoonsgegevens in de context van m-commerce onder de AVG
No full textThe Erosion of Contractual Freedom in Commercial Contracts.:A Belgian Case-Study
No full textThis paper examines how fundamental principles of law in commercial law such as party autonomy, freedom of contract and pacta sunt servanda come under distress. After substantiating between a formal and substantive freedom of contract, as well as between a formal and a substantive contractual fairness or balance and explaining the concept of socialization of contract law; the author compares in this text a couple of legislative developments aimed at installing a substantive contractual balance in Business-to-Business (B2B) commercial contracts with the open norm of good faith. It will be shown that both share some similarities, but also have important differences. Next, the paper provides the reader with some examples where the legal practitioner can witness a trend in Belgian commercial (contract) law towards a far-reaching socialization of commercial contract law. Although commercial contract law governs the relationship between businesses entering contracts with other businesses, the mind of our legislator is more and more set to impose rules to protect the weaker business party, such as, for instance, small and medium-sized businesses
Consumer protection during the currency of a credit agreement.
No full textThe research project analysed the different methods of consumer protection vis-à-vis consumer credit agreements. Nowadays the emphasis is on the information paradigm, according to which the well informed and circumspect consumer can make free and rational decisions if and to the extent he is given full, correct and understandable information. The first part of the project gives an overview of (i) the foundations of respectively EU and Belgian Contract and Consumer law and (ii) critically examines the information paradigm in the field of consumer credit regulation, as it is currently the EU's and most national legislators' preferred consumer protection method.Part two and three look into the legal grounds, risks and advantages of a right to alter credit agreements unilaterally or by mutual agreement, the right of early repayment, etc. These risks and advantages are weighed in normal situations as well as in a situation of financial distress of one of the contracting parties due to unforeseeable changed circumstances.To the extent such rights and/or legal grounds do not establish an appropriate level of consumer protection after signing the consumer credit agreement, the possibilities of and the respective grounds for a better substantive protection of the 'financial' consumer were studied upon and some changesde lege ferenda were proposed.status: Publishe
The Future of Consumer Credit Regulation. Proposal for a Multi-layered Consumer Image
No full textstatus: Publishe
Materials on Commercial Law:Intellectual Property Law
No full textAn accident happened in the North Sea and I need a complete overview of the rules regarding oil pollution at sea. I need to draft a legal advice for a financial institution on paperless trade finance. I wish to have the legal rules applicable to copyrights and trademarks at hand during my client’s meeting. As a student, I wish to have one compendium in which the most important materials and legal provisions on (International) Commercial Law are gathered. For these and many more examples, one can rely on the Materials on Commercial Law. Indeed, this reader bundles in three volumes the most important materials – even those published by soft-law organisations and not always easy to access by the public – in the eclectic field of commercial law. The reader is user-friendly via its index at the beginning of each Volume. The legislative texts are categorized per legal domain
Materials on Commercial Law:Insurance Law, Financial Law, Commercial Contract Law, Consumer Contract Law, Intellectual Property Law
No full text
Country Report for Belgium:General Overview of Mortgage Enforcement Proceedings
No full textThe country report was requested in the context of a research group on mortgage enforcement and forbearance (Sectorplan Public Interests in Private Relationships). It provides an overview of the general legal framework on mortgage lending, mortgage enforcement and forbearance procedures in Belgium as well as the current issues concerning these procedures
Materials on Commercial Law:Procedural Law, Maritime & Transport Law, Company Law
No full textAn accident happened in the North Sea and I need a complete overview of the rules regarding oil pollution at sea. I need to draft a legal advice for a financial institution on paperless trade finance. I wish to have the legal rules applicable to copyrights and trademarks at hand during my client’s meeting. As a student, I wish to have one compendium in which the most important materials and legal provisions on (International) Commercial Law are gathered. For these and many more examples, one can rely on the Materials on Commercial Law.Indeed, this reader bundles in four volumes the most important materials – even those published by soft-law organisations and not always easy to access by the public – in the eclectic field of commercial law. The reader is user-friendly via its index at the beginning of each Volume. The legislative texts are categorized per legal domain. In short, the reader is indispensable for every student, practitioner, magistrate and in-house counsel active in International Business & Trade
Country Reports:Belgium
No full textOverview of the Belgian rules on mortgage enforcement and forbearance
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