书目名称 | Control of Price Related Terms in Standard Form Contracts |
编辑 | Yeşim M. Atamer,Pascal Pichonnaz |
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概述 | Represents the first comparative publication on the control of contractual price terms.Offers an in-depth analysis of the pros and cons of ex ante regulatory and ex post judiciary control of contractu |
丛书名称 | Ius Comparatum - Global Studies in Comparative Law |
图书封面 |  |
描述 | .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 b |
出版日期 | Book 2020 |
关键词 | Control of standard contract terms/standard form contracts; Freedom of contract and its limits; Price |
版次 | 1 |
doi | https://doi.org/10.1007/978-3-030-23057-9 |
isbn_softcover | 978-3-030-23059-3 |
isbn_ebook | 978-3-030-23057-9Series ISSN 2214-6881 Series E-ISSN 2214-689X |
issn_series | 2214-6881 |
copyright | Springer Nature Switzerland AG 2020 |