Hans Grigoleit, ‘Mandatory Law: Basic Features of the Regulation in European Private Law’

Abstract:
The EU directives concerning private law predominantly aim at the protection of consumers (consumers and consumer protection law). Consequently (cf mandatory law (fundamental regulatory principles) at 2. a)), they have a mandatory effect in favour of the consumer (“unilaterally mandatory law”). This applies to the most important instruments of consumer protection, i.e. rights of withdrawal and information duties (cf Art 6 of the Directive to protect the consumer in respect of contracts negotiated away from business premises (Dir 85/577); Art 12 of the Directive on the protection of consumers in respect of distance contracts (Dir 97/7); Art 12(1) of the Directive concerning the distance marketing of consumer financial services (Dir 2002/65); Art 8 of the Directive on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis (Dir 94/47); Art 11 of the Directive on electronic commerce (Dir 2000/31).

Grigoleit, Hans Christoph, Mandatory Law: Basic Features of the Regulation in European Private Law (June 30, 2011). MAX PLANCK ENCYCLOPAEDIA OF EUROPEAN PRIVATE LAW, Jurgen Basedow, Klaus J. Hopt and Reinhard Zimmermann, eds., Oxford University Press, December 2012.

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