Financial Services Contracts in EU Law

Specificaties
Gebonden, 384 blz. | Engels
Oxford University Press | 1e druk, 2023
ISBN13: 9780192866608
Rubricering
Hoofdrubriek : Juridisch
Oxford University Press 1e druk, 2023 9780192866608
Verwachte levertijd ongeveer 8 werkdagen

Samenvatting

In the wake of the 2008 Global Financial Crisis, misconduct and unfair contract terms in financial services contracts triggered a wave of litigation before national courts. Litigation did not remain a national law issue but soon became an EU law issue. National courts sought, through the preliminary reference procedure, the Court of Justice of the European Union (CJEU)'s guidance to interpret EU financial services legislation and determine the scope of consumers' rights and private law remedies vis-à-vis financial service providers (FSPs).

The high number of CJEU's rulings have significantly innovated numerous EU and national private law rules on financial services contracts. The CJEU has often expanded consumers' private law remedies, based on general principles of EU law, beyond the letter of the law, thus 'creating' new private law principles for these contracts.

This book provides the first comprehensive and systematic analysis of the rapidly evolving and complex CJEU case law on retail credit, payment, and investment services contracts. It extensively discusses the rationales of the CJEU's judgments and gives guidance on the role of general principles of EU law in the CJEU's reasoning. This volume identifies emerging principles of private law which should apply across credit, payment, and investment services contracts. Building on this analysis, the work provides an assessment of the significant legal and policy implications of the CJEU case law on national and EU private law.

Specificaties

ISBN13:9780192866608
Taal:Engels
Bindwijze:gebonden
Aantal pagina's:384
Druk:1
Verschijningsdatum:12-10-2023
Hoofdrubriek:Juridisch

Inhoudsopgave

Introduction

Part I: The EU Regulatory Framework for Financial Services Contracts
1:The Regulation of Financial Services Contracts in EU Law
2:The Enforcement of Financial Services Contracts in EU Law

Part II: The Evolution of the CJEU Case Law on Financial Services Contracts
3:Unfair Contract Terms in Financial Services Contracts
4:Consumer and Mortgage Loan Contracts
5:Payment Services Contracts
6:Investment Services Contracts

Part III: CJEU Principles for the Interpretation of Financial Services Contracts
7:The EU General Principles for the Interpretation of Financial Services Contracts
8:The CJEU Private Law Principles on Financial Services Contracts
9:Concluding Remarks

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