Unconscionability in European private financial transactions
protecting the vulnerable
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Author
Contributions
- Kenny, Mel. - Contributor
- Devenney, James. - Contributor
- Fox O'Mahony, Lorna. - Contributor
Publication
2010 - Cambridge University Press, New York, New York (State)
Language
English
Word Count
105,000 words, Guess
Page Count
420 pages
Identifiers
- Internet Archiveunconscionabilit00kenn
- ISBN-139780521190534
- ISBN-100521190533
- Library of Congress Control Number2010000696
- OCLC Control Number496958884
and 2 more
- Better World Books9780521190534
- Open LibraryOL24028848M
Classifications
- DDC346.402
- LCCKJC1062 .U53 2010
Description
"Given the unprecedented recent turmoil on financial markets we now face radically challenged, 'post-Lehmann' assumptions on protecting the vulnerable in financial transactions. This collection of essays explores conceptions of, and responses to, unconscionability and similar notions across Europe with specific reference to financial transactions. It presents a detailed analysis of concepts of unconscionability in Europe against a backdrop of Commission initiatives aimed, variously, at securing a single market in financial services, producing greater coherence in EC consumer protection law and consolidating European private law. This analysis illustrates, for example, that concepts of unconscionability depend on context and can be shaped by a variety of factors. It also illustrates that jurisdictions may choose to respond to questions of unconscionability through a variety of legal instruments located in different branches of the law rather than through a single doctrine. Thus this collection illuminates many of the obstacles facing harmonisation in this area"--Provided by publisher. "This paper examines the compatibility of the common law concept of unconscionability with various categories in civil law, with particular reference to Spanish legislation, which has no general principle that corresponds directly to that of unconscionability, at least to the extent that this term exists in common law systems. Yet, Spanish law, in article 1255 of the nineteenth-century Spanish Civil"--Provided by publisher.
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