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The Protection of the Weak Party in a Harmonised European Contract Law: A Synthesis

Author

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  • Ewoud Hondius

    (Professor of Civil Law, University of Utrecht. Postal address: Molengraaf Instituut Privatrecht, Universiteit Utrecht, Nobelstraat 2a, 3512 Utrecht, The Netherlands. Fax: +31 30 253703)

Abstract

Protecting the weak party has been one of the cornerstones of the development of contract law over the past century. An enduring intellectual debate sets those who would advocate a less interventionist model against those -- including the present author -- who remain wedded to the virtues of protection. That debate lies at the core of this Special Issue. The European Union has been and remains at the forefront of the renovation of the law, and it now confronts questions that spill over from its longstanding preoccupation with consumer law into the field of private law more generally.

Suggested Citation

  • Ewoud Hondius, 2004. "The Protection of the Weak Party in a Harmonised European Contract Law: A Synthesis," Journal of Consumer Policy, Springer, vol. 27(3), pages 245-251, September.
    • Handle: RePEc:kap:jcopol:v:27:y:2004:i:3:p:245-251
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    Cited by:

    1. J. Ouyang, 2024. "“Embedded Consumer”: Towards a Constitutional Reframing of the Legal Image of Consumers in EU law," Journal of Consumer Policy, Springer, vol. 47(3), pages 395-423, September.
    2. Christos V. Gortsos, 2011. "European Financial Integration: Economic Aspects, the Existing Legal Framework and the Way Ahead," Chapters, in: Miroslav N. Jovanović (ed.), International Handbook on the Economics of Integration, Volume II, chapter 18, Edward Elgar Publishing.
    3. Nenad Gavrilovic, 2013. "Unfair Consumer Contract Terms Under Macedonian Law: How the Old and the New Function in Practice," Journal of Consumer Policy, Springer, vol. 36(3), pages 315-328, September.
    4. Atwell Courtenay, 2015. "Cooling off periods in franchise contracts: from consumer protection mechanisms to paternalistic remedies for behavioral biases," Business and Politics, De Gruyter, vol. 17(4), pages 697-721, December.
    5. Fayyad, Mahmoud I. & Al-Nazir, Rannen, 2023. "Inequality of bargaining power in cellular telecommunication services agreements," Telecommunications Policy, Elsevier, vol. 47(4).

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