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Ius Comparatum - Global Studies in Comparative Law

Control of Price Related Terms in Standard Form Contracts

Editors: Atamer, Yesim M., Pichonnaz, Pascal (Eds.)

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  • Represents the first comparative publication on the control of contractual price termsOffers an in-depth analysis of the pros and cons of ex ante regulatory and ex post judiciary control of contractual price terms
  • Provides a useful tool for all lawyers dealing with control of standard form contracts thanks to its detailed presentation of case-law in 28 countries and the EU
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eBook 118,99 €
price for Spain (gross)
  • ISBN 978-3-030-23057-9
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 145,59 €
price for Spain (gross)
  • ISBN 978-3-030-23056-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
About this book

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.

The aim of this book is to determine the various approaches in the world regarding price term control, and particularly to discuss the efficiency of both paths, ex ante regulatory and ex post judicial intervention. 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).

About the authors

Yeşim M. Atamer is a full professor of Private Law and Comparative Private Law. Her main areas of research are consumer law, law of domestic and international sale of goods, and contract law and theory. Atamer has been a visiting scholar/professor at Basel, Bern, Bucerius, Harvard, and NYU law schools as well as at the Max Planck Institute for Comparative and International Private Law. She is elected member of the Science Academy (Turkey); the International Academy of Comparative Law, and the International Academy of Commercial and Consumer Law. Atamer serves also on the CISG Advisory Council since 2013.

Pascal Pichonnaz is a full professor for Swiss and Comparative Contract Law, European Consumer Law and Roman Law. He has been visiting scholar/professor at Georgetown, Paris 2, University of Rome 2, Pontificia Universidad Católica de Chile, Montpellier, Liège, Istanbul Bilgi University, Trento law schools. He is the editor in chief of the Revue de droit suisse/Zeitschrift für Schweizerisches Recht, and member of several editorial boards of Swiss and International Journals. Among others he is elected member of the Council of the European Law Institute (ELI) and the International Academy of Comparative Law. He serves regularly as arbitrator in commercial matters and as elected arbitrator of the CAS. Pichonnaz serves also as the acting President of the (Swiss) Federal Consumer Commission.

Table of contents (29 chapters)

Table of contents (29 chapters)
  • Control of Price Related Terms in Standard Form Contracts: General Report

    Pages 3-63

    Atamer, Yeşim M. (et al.)

  • Control of Price Related Terms in Standard Form Contracts in the European Union: The Innovative Role of the CJEU’s Case-Law

    Pages 67-101

    Cámara Lapuente, Sergio

  • Control of Price Related Terms in Standard Form Contract in Argentina

    Pages 105-131

    Marzorati, Osvaldo Jorge

  • Control of Price Related Terms in Standard Form Contracts in Austria: Judicial Control and Other Means of Price Control

    Pages 133-155

    Heindler, Florian

  • Control of Price Related Terms in Standard Form Contracts in Belgium

    Pages 157-183

    Steennot, Reinhard

Buy this book

eBook 118,99 €
price for Spain (gross)
  • ISBN 978-3-030-23057-9
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 145,59 €
price for Spain (gross)
  • ISBN 978-3-030-23056-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
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Bibliographic Information

Bibliographic Information
Book Title
Control of Price Related Terms in Standard Form Contracts
Editors
  • Yesim M. Atamer
  • Pascal Pichonnaz
Series Title
Ius Comparatum - Global Studies in Comparative Law
Series Volume
36
Copyright
2020
Publisher
Springer International Publishing
Copyright Holder
Springer Nature Switzerland AG
eBook ISBN
978-3-030-23057-9
DOI
10.1007/978-3-030-23057-9
Hardcover ISBN
978-3-030-23056-2
Series ISSN
2214-6881
Edition Number
1
Number of Pages
XXXI, 758
Number of Illustrations
1 b/w illustrations
Topics