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Tilburg University Research Portal
Part of book or chapter of book . 2014
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The Consumer Rights Directive

Authors: Luzak, Joasia; Mak, Vanessa;

The Consumer Rights Directive

Abstract

This contribution discusses the impact of the CRD on Dutch private law. How will the new directive influence consumer rights and how does this fit with existing law? Considering the background of the directive and its importance for European consumer law, however, we discuss these questions in the light of a broader perspective. We find it helpful to not only discuss the content of the new provisions introduced by the directive, but also to sketch the legislative (and political) background against which they came into being. Part 2 gives a brief overview of the directive’s background and the major points on which criticism was raised and concessions were made in the legislative process. Parts 3-7 discuss the directive’s content, starting with the scope of the directive before moving to the ‘consumer’ definition, information duties, the right of withdrawal, and a few other provisions that are new in comparison to previous legislation. We will indicate at which points discussions arose between the various legislative actors at EU and national level, and how these debates have played out in the final text of the directive. Since the directive has not yet been implemented and the new rules, therefore, have not been tested in practice, we will not be able to fully assess the impact that the directive will have on Dutch private law, in particular on case law. Where relevant, we will, however, point out significant changes that the directive makes to the existing rules. Also, comparisons will be made with the rules of the directives that will be replaced by the CRD, taking into account relevant case law that has appeared since the first edition of the volume in which this contribution appears.

Countries
Netherlands, United Kingdom
Related Organizations
Keywords

340, 330, european private law, consumer rights

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average