Samenvatting alles
Leren!!!
Lecture 1
Lecture 2
Lecture 3
Lecture 4
Lecture 5
Lecture 6
CESL
Directive on consumer rights 11/83
Directive on unfair terms in consumer contracts 93/13
directive on certain aspects concerning contracts for sales of goods 19/771
Cases private law
Case 1: Asbeek Brusse v Jahani BV
Case 2: Pannon GSM vs Gyorfi
Cases public law
Case 1: Poland vs Commission - CJEU
Case: BundesVerfassungsGericht
Case: toeslagen affaire
Leren!!!
Lecture 1
platform economy
Types of contracts
time aspect:
spot-contracts
buy croissants → pay and then you’re done
Samenvatting alles 1
, long-term contracts
like rental
location
spot-contracts
on the spot
distance contracts
phone call, online
“distance contract means any contract concluded between the
trader and the consumer under an organised distance sales or
service-provision scheme without the simultaneous physical
presence of the trader and the consumer, with the exclusive use of
one or more means of distance communication up to and including
the time at which the contract is concluded” (11/83)
parties capacities
expertise, bargain forces
business-to-business (B2B)
Business-to-consumer (B2C)
Drafting
negotiated contracts
non-negotiated contracts
standard contract terms, no influence
3 basic principles of contract law;
1. contractual freedom to …
a. conclude a contract or not
b. to determine its content
c. to decide with whom to conclude a contract
→ legal infrastructure of market economy
subject to applicable mandatory rules
2. no formal requirements
Samenvatting alles 2
, a. the principle
i. no writing required (buying bread in bakery)
ii. no formalities such as sealing, authentication by notary deed, public
registration
b. exceptions
i. donations (gratuitous contracts)
ii. rationalea related to:
1. proof of the contract
2. protection of the weaker party (possible burdensome
obligations)
3. binding force
a. pacta sunt servanda principle
i. effect of a valid contract: is it legally binding on parties
→ contract is the law of the parties, creates rights and obligations for
each of the parties
→ a party can claim enforcement of its rights
b. exceptions
i. right of withdrawal after a cooling-off periode
Default vs mandatory rules
Default:
legal provisions that apply to parties' contractual relationships in the
absence of any contrary agreement between them. These rules serve
as a fallback mechanism when parties have not explicitly addressed a
particular issue in their contract.
contractual freedom of parties prevails, parties are allowed to make
another agreement than stated in the rules
bijv: Terms governing payment terms and delivery arrangements in a
commercial contract.
Mandatory:
Samenvatting alles 3
, These rules are established by legislation or public policy to protect
certain fundamental rights or interests, and they apply regardless of the
parties' intentions or agreements.
limit contractual freedom of parties
sources of contract law
hard law;
written law, case law, legal doctrine
soft law;
code of conducts (general principles)
model rules: cover more aspects of private law, very recent (like Draft
Common Frame of References → common basis for European civil
code)
concluding a contract theories:
1. the declaration (or objective) theory
a. the will of the object, declaration of a party prevails above its inner will
2. the will (or subjective) theory
a. the will of the subject, inner will of a party prevails above its
declarations, subject to proof by that party
3. The reasonable reliance theory
a. compromise between both
b. reasonable belief of the addressee induced by the conduct of
addressor in light of all circumstances
Lecture 2
Contracts of adhesion
contracts with standard terms and conditions. The terms are drafted by one
party and the other party has no influence in this, making it a take it or leave
it concept.
→ non-negotiated
When is interpretation needed?
when it contains an ambiguous expression
Samenvatting alles 4
Leren!!!
Lecture 1
Lecture 2
Lecture 3
Lecture 4
Lecture 5
Lecture 6
CESL
Directive on consumer rights 11/83
Directive on unfair terms in consumer contracts 93/13
directive on certain aspects concerning contracts for sales of goods 19/771
Cases private law
Case 1: Asbeek Brusse v Jahani BV
Case 2: Pannon GSM vs Gyorfi
Cases public law
Case 1: Poland vs Commission - CJEU
Case: BundesVerfassungsGericht
Case: toeslagen affaire
Leren!!!
Lecture 1
platform economy
Types of contracts
time aspect:
spot-contracts
buy croissants → pay and then you’re done
Samenvatting alles 1
, long-term contracts
like rental
location
spot-contracts
on the spot
distance contracts
phone call, online
“distance contract means any contract concluded between the
trader and the consumer under an organised distance sales or
service-provision scheme without the simultaneous physical
presence of the trader and the consumer, with the exclusive use of
one or more means of distance communication up to and including
the time at which the contract is concluded” (11/83)
parties capacities
expertise, bargain forces
business-to-business (B2B)
Business-to-consumer (B2C)
Drafting
negotiated contracts
non-negotiated contracts
standard contract terms, no influence
3 basic principles of contract law;
1. contractual freedom to …
a. conclude a contract or not
b. to determine its content
c. to decide with whom to conclude a contract
→ legal infrastructure of market economy
subject to applicable mandatory rules
2. no formal requirements
Samenvatting alles 2
, a. the principle
i. no writing required (buying bread in bakery)
ii. no formalities such as sealing, authentication by notary deed, public
registration
b. exceptions
i. donations (gratuitous contracts)
ii. rationalea related to:
1. proof of the contract
2. protection of the weaker party (possible burdensome
obligations)
3. binding force
a. pacta sunt servanda principle
i. effect of a valid contract: is it legally binding on parties
→ contract is the law of the parties, creates rights and obligations for
each of the parties
→ a party can claim enforcement of its rights
b. exceptions
i. right of withdrawal after a cooling-off periode
Default vs mandatory rules
Default:
legal provisions that apply to parties' contractual relationships in the
absence of any contrary agreement between them. These rules serve
as a fallback mechanism when parties have not explicitly addressed a
particular issue in their contract.
contractual freedom of parties prevails, parties are allowed to make
another agreement than stated in the rules
bijv: Terms governing payment terms and delivery arrangements in a
commercial contract.
Mandatory:
Samenvatting alles 3
, These rules are established by legislation or public policy to protect
certain fundamental rights or interests, and they apply regardless of the
parties' intentions or agreements.
limit contractual freedom of parties
sources of contract law
hard law;
written law, case law, legal doctrine
soft law;
code of conducts (general principles)
model rules: cover more aspects of private law, very recent (like Draft
Common Frame of References → common basis for European civil
code)
concluding a contract theories:
1. the declaration (or objective) theory
a. the will of the object, declaration of a party prevails above its inner will
2. the will (or subjective) theory
a. the will of the subject, inner will of a party prevails above its
declarations, subject to proof by that party
3. The reasonable reliance theory
a. compromise between both
b. reasonable belief of the addressee induced by the conduct of
addressor in light of all circumstances
Lecture 2
Contracts of adhesion
contracts with standard terms and conditions. The terms are drafted by one
party and the other party has no influence in this, making it a take it or leave
it concept.
→ non-negotiated
When is interpretation needed?
when it contains an ambiguous expression
Samenvatting alles 4
