Protection And Contract
LexInter | February 25, 2002 | 0 Comments

Protection And Contract

The scope of protection

The concepts involved

the customer by membership

the non-professional

the consumer

the layman 

The birth of the adhesion contract theory : Saleilles (1901)

general contract conditions

Germany and regulation of general contract conditions

 

the jurisprudential notion of ” non-professional “: the professional of a different specialty

consumerism

The consumerist movement in the USA

UCC Definition of “consumer goods”

” goods bought prialrily for personal, family or household purposes”

Vienna Convention on Contracts for the International Sale of Goods

” this agreement does not govern sales (…) of goods purchased for personal, family or household use ”

 

 

Technicality

 

jurisprudential control of contentopposability of clauses and reasonableness of the clause legislative provisions– interventionism of counter contracts (insurance, transport, etc.

-formalism

opposability of clauses

the exclusion and limitation of liability clausesthe ” bad faith ” professional consumer code various obligations

offense of abuse of weakness

Note under Cour de cassation, October 26, 1999, Salvy and others, Cour de cassation, October 26, 1999, Salvy and others; Cour de cassation, May 18, 1999, Doucet, Jean-Paul, La Gazette du Palais, 05/24/2000, p 22

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