Tobias Schrank*
(2011) Oxford U Comparative L Forum 3 at ouclf.law.ox.ac.uk | How to cite this article
Legal Aid in Times of Economic Turmoil: Current Challenges in England and Germany
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Category Archives: 2011
Draft for a First Chapter (Subject Matter, Application and Scope) of an Optional European Contract Law
European Research Group on Existing EC Private Law (Acquis Group)
Prepared by Gerhard Dannemann
(2011) Oxford U Comparative L Forum 2 at ouclf.law.ox.ac.uk | How to cite this article this article
Table of contents
- Introduction
- A. Subject Matter
- B. Applicability
- C. Scope
- D. Mandatory consumer provisions
- E. Overriding mandatory provisions
- F. Choice of jurisdiction
- G. Issues covered by a choice of law under Arts. 10 and 12 Rome I Regulation, but not by the Feasibility Study
- H. Issues covered by the Feasibility Study, but not by choice of law under Arts. 10 and 12 Rome I Regulation
- I. Linked or “ancillary” contracts
- J. Summary: Proposed Provisions
The Doctrines Of Unconscionability And Abusive Clauses: a Common Point Between Civil And Common Law Legal Traditions
By Camilo A. Rodriguez-Yong*
(2011) Oxford U Comparative L Forum 1 at ouclf.law.ox.ac.uk | How to cite this article
Table of contents
- Introduction
- 1. The Doctrine of Unconscionability
- 2. The Doctrine of Abusive Clauses
- 3. The Doctrines of Unconscionability and Abusive Clauses – Are They So Different?
- 3.1. The Doctrines of Unconscionability and Abusive Clauses Arise as a Consequence of the Abuse of Right to Contract
- 3.2. The Doctrines of Abusive and Unconscionable Contract or Clause Apply to Agreements Imposed or Drafted by Only One of the Parties
- 3.3. The Party Who Has Drafted the Contract or Clause Has More Bargaining Power than the One Who Accepts the Contract
- 3.4. The Doctrines of Unconscionability and Abusive Clauses Arise in Contracts Where There is a Significant Imbalance Between the Rights and Obligations Assumed by the Parties
- 3.5. The Control Mechanisms Used to Avoid the Inclusion of Unconscionable and Abusive Clauses
- 4. Conclusion
- Endnotes