Right Of Withdrawal Research Articles

Europäische Integration am Wendepunkt? Zum möglichen Austritt Großbritanniens aus der EU / European integration at a turning point? Consequences of a British exit for the EU

Zusammenfassung Mit dem Vertrag von Lissabon ist zum ersten Mal ein Austrittsrecht in das EU-Gemeinschaftsrecht aufgenommen worden. Der vorliegende Beitrag untersucht vor diesem Hintergrund, welche Konsequenzen das geplante britische Referendum über einen EU-Ausstieg für die Entwicklung der Gemeinschaft haben kann. Neben den direkten Effekten auf Handel und Direktinvestitionen werden dabei die Auswirkungen eines möglichen Austritts Großbritanniens auf die ordnungspolitische Balance in der EU und auf ihre inhärente Stabilität diskutiert. Als mögliche Triebkraft für einen Austritt wird unter anderem die Eurokrise thematisiert. Je länger diese Krise anhält, umso mehr fühlen sich anscheinend auch Nicht-Euroländer wie Großbritannien negativ davon betroffen und verlieren hierdurch das Vertrauen in den gesamten europäischen Integrationsprozess. Daher ist auch eine stabile Lösung für die Eurozone nötig, um ein Land wie Großbritannien in der EU zu halten. Das Festhalten an einer unveränderten Eurozone kann der nachhaltigen Sicherung der Europäischen Union insgesamt entgegenstehen und damit zum Wendepunkt in der Entwicklung der europäischen Integration führen.

El desistimiento unilateral en los contratos de tracto sucesivo: civil vs common law en los contratos de distribución

The cause of extinction , such as withdrawal of the Contract is therefore recognized in the laws and punishable by perpetual invalid links osine die . It is one of the causes of termination of successive contracts , and a major problem in the termination of contracts of distribution aspects . This extensive summary of the paper examines the legislation on the right of withdrawal, and its main manifestations in mercantile contracts : distribution and franchising . Finally , it will end in a comparative analysis of withdrawal from the Civil Law and Common Law . In particular, given the differences in the legal systems of the US law and English.

Vartotojo Teiss Atsisakyti Sutarties Praktinis Jos gyvendinimas Nuotolinns Prekybos Sutartyse (Consumer's Right of Withdrawal - Practical Implementation in Distance Selling Contracts)

Lithuanian Abstract: Straipsnyje nagrinėjamas vartotojo teisės atsisakyti sutarties institutas, jo reiksmė nuotolinės prekybos ir jos modernesnės formos – elektroninės prekybos plėtrai, istakos ir tikslai, ypatumai ir svarbiausios sąlygos, taip pat sio instituto taikymo teisinės pasekmės ir isimtys. Analizuojama aktuali praktika ir kiti praktiniai sio instituto aspektai Lietuvoje ir kitose ES valstybėse.English Abstract: The article provides an analysis the consumer's right of withdrawal regulation in the distance selling contracts in the European Union and Lithuania. The author surveys the role of the consumer rights regulation for the distance selling and its modern form - the electronic commerce, the background and purpose of the consumer's right of withdrawal, conditions and exceptions, as well as legal consequences thereof. Provisions of the EU Directives 97/7/EC and 2011/83/EC, as well as the pertinent case law of the Court of Justice of the European Union are analyzed. On the national law side, the analysis includes Lithuanian law providing for the consumer‟s right of withdrawal. Unfortunately no case law of the higher courts on this matter is available in Lithuania.Principal purpose of the consumer's right of withdrawal is to make the distance consumer equal to the consumer in the traditional „brick and mortar‟ commerce by enabling hands on experience with the goods and services purchased. This purpose shall be considered very carefully when deciding on the aspects of the right of withdrawal, which are left out in the EU and national consumer law. The author suggests that the purpose of the consumer's right of withdrawal is practically important in finding a balance between the consumers' and business' interests, e.g., when the consumer has started use of the purchased goods, also in those cases when the business interests would be disproportionately damaged by the withdrawal of the consumer from the contract, such as online car rental. The balance principle, however shall not relieve the business from the obligations to provide proper, clear and exhaustive information to the consumer, including information on consumers rights. Conclusions of the analysis, also focus on certain exceptions of the consumer's right of withdrawal, specifically practical limits in case of extraterritorial situations (distance seller and consumer being in different jurisdictions), and exceptions on the distance contracts which at request of the consumer are fulfilled immediately. These situations may enable certain abuse of the consumer rights. Especially in the latter case, the will of the consumer to enter into such transaction shall be evaluated very carefully, in order to ensure that it is true to the actual intentions of the consumer and free of external unfair influences (such as aggressive marketing or other predatory tactics). These issues require further specific research and potentially special legal regulation.

A Legal Structure for Limiting the Agency Cost of Stock Rights Transfer

The unilateral disposition of stock rights’ voting rights detracts from the welfare of the other shareholders. Contractual arrangements restricting or prohibiting the transfer of stock rights under the capital majority rule may infringe upon shareholders’ right of withdrawal, further weakening stock market constraints on senior management and indirectly raising the agency cost of management abuse of power for private ends. In creating a legal structure for stock rights transfer, we need to find an appropriate balance between freedom of contract, capital majority rule and reduction of agency costs. Judges should determine that the transfer of voting rights is invalid in order to ensure that voting rights match residual claim rights and maintain the constraints on senior management represented by shareholder voting rights. The general prohibition of stock rights transfer in the articles of association blocks shareholders’ right of withdrawal; this is not conducive to restraining potential abuses of power on the part of senior management and should be made invalid. Judges must differentiate between long- and short-term contracts and the initial and revised clauses of the articles of association in order to distinguish between the efficacy of different arrangements limiting transfer of stock rights as laid down in the articles of association.

An Overview Of The Proposal For A New Package Travel Directive

After an endless wait, a proposal for a new Package Travel Directive repealing Directive 90/314/EEC1 was presented on 9 July 2013 (hereafter, the Proposal).This article is aimed at providing an overall view of the Proposal. I will address the following issues: The concept of traveller; online package holidays and assisted travel arrangements; information requirements; a new particular right of withdrawal for package travel; other changes to the contract before the start of the package; performance of the Package; and insolvency protection. Some early concluding remarks are made as to when a future Package Travel Directive might take place at some future date

To Withdraw Or Not To Withdraw? Evaluation of the Mandatory Right of Withdrawal in Consumer Distance Selling Contracts Taking Into Account Its Behavioural Effects on Consumers

The right of withdrawal was introduced to European consumer law as an exception to the general contractual principle of pacta sunt servanda. It has recently been upheld in the Consumer Rights Directive as a mandatory right for consumers concluding distance selling contracts. Among various assessments of this measure a comprehensive evaluation thereof from the point of view of consumers’ interests is lacking. Such an assessment is conducted in this paper with consideration of the effect that the right of withdrawal is likely to have on consumers. The yardstick for the evaluation of the current rules, as well as for suggesting a new approach is the increased consumer welfare, which takes into account consumers’ happiness and their lack of regret for entering into transactions.

The right of withdrawal under the Consumer Rights Directive as a tool to protect consumers concluding a distance contract

Since 1997, the European legislator has aimed to protect consumers concluding a distance contract amongst others by entitling them to withdraw from the contract. First, this paper analyses the right of withdrawal as it is incorporated in the 2011 Consumer Rights Directive (CRD). This paper illustrates that, compared to the 1997 Distance Selling Directive, the CRD, contains more detailed rules, offering some useful clarifications. Further, this paper shows that the CRD slightly increases consumer protection, for example by determining that the mere beginning of performance under a services contract does not lead to the loss of the right to withdraw from the contract. However, consumers are also at risk where, without any explicit warning, they are held liable for the diminished value of the goods used during the withdrawal period. In a second part of the article, it is argued that the full harmonization approach should have been limited to the technical aspects of the withdrawal right, in order to avoid a reduction of consumer protection in some Member States. Finally, this paper shows that the CRD not always sufficiently takes into account the objectives pursued with the right of withdrawal as a tool to protect consumers concluding a distance contract.

To Withdraw or Not to Withdraw? Evaluation of the Mandatory Right of Withdrawal in Consumer Distance Selling Contracts Taking into Account Its Behavioural Effects on Consumers

The right of withdrawal was introduced to European consumer law as an exception to the general contractual principle of pacta sunt servanda. It has recently been upheld in the Consumer Rights Directive as a mandatory right for consumers concluding distance selling contracts. Among various assessments of this measure a comprehensive evaluation thereof from the point of view of consumers’ interests is lacking. Such an assessment is conducted in this paper with consideration of the effect that the right of withdrawal is likely to have on consumers. The yardstick for the evaluation of the current rules, as well as for suggesting a new approach is the increased consumer welfare, which takes into account consumers’ happiness and their lack of regret for entering into transactions.

Neue massstäbe im EU-Erbraucherschutzrecht? Die neue verbraucherrechterichtlinie 2011/83/EU

In recent years consumer law has come more and more into the focus of legislation within the EU. One of the EU’s key objectives, completing the final stage of the internal market, is to place consumer rights in the centre of it. Following the adaption of various consumer law measures for some decades, the EU has undertaken a thorough review of its consumer acquis. After years of consultations, the Consumer Rights Directive 2011/83/ EU, which was supposed to set new standards of consumer protection, came into force and will have to be implemented by the Member States by 13 December, 2013.Renouncing its principal practice of minimum harmonisation in the area of consumer law, i.e. allowing Member States on the basis of Directives to adopt more protective rules, the EU legislator now turned to a targeted full harmonisation approach by means of the Consumer Rights Directive, aiming at increasing the consumer protection across the EU by bringing together the currently distinct laws for distance selling and off-premises contracts as well as other types of consumer contracts in a single instrument.The article briefly introduces the background of the Directive and discusses the shift in means of harmonisation concepts. Then, it analyses the scope, concepts and content of the Directive, which mainly brings considerable reforms in the areas of information requirements and the right of withdrawal. Taking into account the Directive’s improvements and shortcomings, conclusions are drawn that further harmonisation and a uniform and universally applicable set of European consumer rights are needed.

Modification And Resolution Of The Contract Of Trip Combined: Cancellation Of The Trip By The Organizer And Right Of Withdrawal Of The Tourist

The present study aims to consider in parallel the different legal consequences, rights and obligations of the involved subjects in a contract of travel combined in the case of modification, cancellation and withdrawal of the contract. On the one hand, the modification or cancellation by the Organizer will allow analysis of avoidance of the contract at the request of the consumer, who does not accept the significant modification of some essential element of the contract the organizer has been forced to introduce. Be on the other hand, when it is the consumer who decides that the trip not be effect or as the law says "nullifies the services requested or contracted" we taken the existence of a "right of withdrawal" and its consequences. Ultimately, the possibility of cancellation by the organizer and the consequent rights of refund or completion of another trip and the right to compensation for breach of contract will be weighed with the reflection on the existence of a real right of withdrawal of the tourist to subject certain penalties is obliged to justify its decision. The doctrine will be used to achieve this goal, and recent within the regime of safeguards jurisprudence for the tourist and the consumer is regulated in specific legislation.

Creative Commons, Unwaivable Moral Rights and the Need for New International Substantive Minima

Creative Commons licenses were originally created for a Common Law copyright framework. When these licenses are used internationally, they encounter problems with the unwaivable moral rights established in the Civil Law's droit d'auteur copyright systems, such as the right to integrity and the right of withdrawal. These problems evidence the need for fully waivable moral rights for authors in the digital age. This article rejects the usual arguments for unwaivable moral rights in Civil Law systems and argues that waivable moral rights are beneficial for authors in the digital age. In order to achieve global harmonization in Copyright Law, the international copyright system should establish the right to waive all rights over works as part of new international substantive minima in copyright treaties.

The Consumer Rights Directive – An Assessment of its Contribution to the Development of European Consumer Contract Law

Following a turbulent three year legislative process the Consumer Rights Directive was adopted in October 2011. Less ambitious than the original proposals, the Directive nevertheless extends the maximal harmonisation approach to a number of aspects concerning the pre-contractual information duties and right of withdrawal in B2C off-premises and distance contracts and also introduces other new features to the consumer acquis. The following paper focuses primarily on the new European rules concerning pre-contractual information obligations and the right of withdrawal. In so doing the authors will demonstrate that in spite of some of the steps forward, the Directive is overall a conservative consolidation that also in some respects takes a number of steps backwards. Its contribution to the development of European consumer contract law is therefore limited, although some of the new measures show an appreciation of the impact of behavioural economics for the most part it follows a rather traditional approach.

Towards a revision of the consumer acquis

When the European Commission initiated the Common Frame of Reference process, it aimed, in particular, at a revision of the acquis communautaire in the field of consumer contract law. However, such revision has not, to date, been undertaken. The Draft Common Frame of Reference (DCFR) is marked by a largely uncritical attitude vis-à-vis the acquis. The same will be true, it must be feared, for the "optional instrument" to be developed by an "expert group" on that basis by mid-2011. The Proposal for a "horizontal" Directive on Consumer Rights submitted by the Commission in October 2008 did not benefit from a critical revision of the acquis either. The authors of the present paper have attempted to remedy this deficiency by an investigation of the key issues involved: the proper scope and effectiveness of mandatory law, the policing of not individually negotiated unfair contract terms, rights of withdrawal, the unwinding of consumer contracts following the exercise of a right of withdrawal, and information duties. This paper presents in English the main conclusions of a more comprehensive German study, and in the form of 52 propositions, grouped by subject matter and elucidated, in most cases, by brief comments. We thus hope to initiate a discussion on the reform of European consumer contract law that goes beyond a harmonizing generalization of individual rules, which emphasizes intellectual coherence as well as consistency of concepts, policies, and evaluations. A particular focus is on rational justifications for consumer contract rules and on how such rules should be formulated in order to serve the economic purposes they are intended to serve.

A Study on the Rationalization of the right of withdrawal in Consumer Contracts

A Study on the Rationalization of the right of withdrawal in Consumer Contracts

The right of withdrawal in the treaty of Lisbon: a game theoretic reflection on different decision processes in the EU

The ways of decision-making within the EU have significantly changed in the last decades: The rule of unanimity has been more and more substituted by majority voting in order to speed up decision-making processes in a Union of 27 heterogeneous member states. A third possibility is now offered by the Lisbon Treaty including a constitutional right of withdrawal. A member state encountering a loss in its benefits caused by a decision made by majority voting may now demand compensating transfers by using the right of withdrawal. It might threaten to leave the EU if the compensation is denied. Hence, does this mean that member states now have regained a negotiation power comparable to the right to veto? Using a game theoretic approach we investigate the amount of compensating transfers to be offered under majority decisions with exit option compared to decisions requiring unanimity.

Why is there a Separation between Distance Selling in EU Law and the Tourism Industry?

Twelve years have passed since the partial exclusion of most tourist services from the Distance Selling Directive (art. 3 para. 2). The application of a particular right of withdrawal to contracts negotiated away from business premises for the provision of these services was considered inappropriate. Out of this consumer protection will be rather weaker than in other distance contracts. Additional information cannot be required from the service provider and rash decisions resulting from an informational disadvantage, i.e., a lack of personal contact, cannot be rectified by terminating the contract. These difficulties can only be partially resolved by referring to other regulations, such as national norms implementing the E-Commerce Directive (arts. 5 to 11) or the new Timeshare Directive (arts. 4 and 5), among others. Recently, the proposal for a Directive on consumer rights of 8 October 2008 maintains the same approach (art. 20 para. 3, art. 3 para 3) and the Draft Common Frame of Reference also coincides to some extent with the exclusion of some tourist services from distance selling protection. The aim of this paper is to review this exclusion by means of examining the dynamics of tourism services.

Chapitre 5. Les implications éthiques de la conservation des échantillons biologiques

The conservation and use of biological samples become more and more frequent all around the world. Biobanks of human body substances (blood, urine, DNA, tissues, cells, etc.), and personal data associated with them are created. They have a double character as they are collections of both human biological samples and personal data. In some cases, the gametes, reproductive tissues, embryos, foetal tissue after abortion or even specimens of dead donors are collected and conserved. Although biobanks raise hopes in both the development of new therapies, new drugs and their integration into clinical medicine, they also point to concerns related to ethical questions such as: the principles of information, the consent of the persons concerned, the confidentiality about the personal data, and in some cases discrimination and stigmatisation. Other ethical aspects could raise gradually as research advance. Research being carried out on human sample requires informed free consent from the person who should be able to consent. The donor must be sufficiently informed about the process of research, the purpose, benefits and the risks involved in participating in this research. In the case of persons unable to give consent such minors or persons with mental disabilities, special measures are undertaken. Once the consent was given, the right of withdrawal has been consistently supported by the various declarations and regulations, but some oppose this right for a number of reasons particularly in the case of research on the samples without risk of physical exposure. In this case the notion of human body integrity is different than in research involving therapeutic or clinical intervention. In the case of withdrawal of consent, the samples should be destroyed, but the anonymous results arising from them and their analysis are not affected. What is the case for future uses? Should the researcher obtain again the consent from the donor for a secondary use of the samples? This is a matter of debate in the public and scientific communities. In Morocco, research activities on humans are undertaken in the absence of legal framework. Among the ethical issues, the most frequent in Morocco are related to the informed and explicit consent. Illiteracy, which concerns half of the population, and the economic vulnerability of the largest proportion of the patient make the informed and explicit consent questionable. In this paper we aimed to describe the use and conservation of human biological samples in Morocco and to determine the ethical questions raised in this context. An anonymous questionnaire was sent to biologists working in the different laboratories. The response rate was only 59.2%. The human biological samples are generally used for diagnosis and clinical follow-up. The storage period ranged from 3 months to 1 year, it does not exceed one year. The percentage of conservation of biological samples in the laboratory for one year is 67% and no basic criterion is maintained in the selection of samples. All laboratories obtained their samples directly from patients; no exchange or duplicate samples were undertaken between institutions. The analyses performed on the stored samples are biochemical and immunological. The genetic analyses accounted for only 35% of the total samples. The laboratories involved a researcy activity accounted for only 13.6%. Some of them answered they had not obtained in a systematic manner the consent of the persons concerned. These results indicated a lack of information and guidance on bioethics in Morocco.

Critical Religious Education and the National Framework for Religious Education in England and Wales

Religious Education (RE) is an entitlement for all pupils in state-funded schools in England and Wales. The parental right of withdrawal is rarely invoked. Given the multi-faith nature of British s...

Fairness Crowded Out by Law: An Experimental Study on Withdrawal Rights

Distance selling means that customers order goods based on their presentation in catalogues. It is crucial that they may have to withdraw from buying such items after receiving and examining them. It is a growing market and one very much endangered by misuse, e.g., in the form that one just borrows goods without any intention of buying them. The study of Borges AND Irlenbusch [2007] starts out by presenting the legal practice, based on a directive of the European Union and its implementation in various EU member states, especially in Germany. Its main focus is on new legal obligations to grant customers the right to withdraw from buying and a comparison with the former situation, where each seller could decide whether or not to grant the right of withdrawal. Since this legal obligation has increased misuse considerably, they also explore whether making customers pay for return costs may help sellers. These two aspects are captured by an experimental design with three treatments: (i) vol, presenting the former discretion of sellers to (not) grant the right of withdrawal, (ii) law, the new compulsory right of withdrawal, and (iii) law_rc, the same except that customers have to pay (part of the) return costs. All three treatments are combined with different goods to be delivered, which generates altogether 25 scenarios, which each buyer participant experiences in a random order.

Fairness Crowded Out by Law: An Experimental Study on Withdrawal Rights

The paper by BORGES AND IRLENBUSCH [2007] is an excellent example of interdisciplinary work in law and economics. In situations in which changes in law also aim at influencing behavior, experimental research may be an extremely valuable tool to simulate the behavioral consequences of a change of the status quo or to test different changes against each other. Borges and Irlenbusch study the consequences of a change in law that is already in place and regulates the right to return in distant trading. Distant trading bears uncertainty about several characteristics of the good that could be checked in near trading {e.g., true color, fit, assessment of quality). Hence, consumers may be reluctant to engage in distant trading. Withdrawal and return policies may compensate for this risk. When the consumer uses the right of withdrawal, he/she is no longer obliged to pay the price of the good. The right of return may be exercised after the consumer has already paid the price. In the case of return the price is refunded, net of the return costs. Why does the buyer want to return the good? Possibly the good does not have the characteristics as imagined from the distance (in quality, fit, color, size, etc.), or the consumer has changed his/her mind (change in preferences), or the consumer just borrowed the good for a singular occasion. Borges and Irlenbsuch capture the borrowing and the uncertainty-in-fit aspect in the scenario types. They construct 25 situations in these scenario types. The three different treatments concern the legal structure: a voluntary withdrawal right, a withdrawal right by law, and a withdrawal right by law with cost of return charged to the buyer.