Der Klauselbegriff in Verbraucherverträgen iSd Klausel-RL RL 93/13/EWG
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When does a contractual clause fall under the definition of the Clause Directive? Abusive clauses in consumer contracts are ineffective. But which parts of the General Terms and Conditions are affected by this ineffectiveness? This monograph examines the interpretation of the 'clause concept' in light of the Clause Directive 93/13/EEC. The focus is on the question of which parts of a uniformly formulated provision of General Terms and Conditions can be classified as independent clauses and what consequences the abusiveness of individual parts has for the remaining, in themselves independent parts. Additionally, the work investigates who is responsible for the interpretation of indeterminate terms of the Clause Directive and how the interplay between the European Court of Justice and national courts should be structured. Based on her findings, Viola Hoti develops a practical new examination scheme and guidelines for clause delineation.
topic | Economy & Law |
Subtopic | Civil law |
Item number | 70650722 |
Publisher | Österreich |
Category | Reference books |
Release date | 27.5.2026 |
topic | Economy & Law |
Subtopic | Civil law |
CO₂ emissions | 0,25 kg |
Climate contribution | EUR 0,12 |
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