This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.
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Part I Behavioural Insights to Consumer Law |
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The Target Opportunity Costs of Successful Nudges |
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3 | (16) |
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Complex Mortgage Loans as a Case Study for Consumer Law and Economics |
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19 | (20) |
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The PRIIPs Regulation in View of Behavioural Research: An Example of Hyperbolized Mandated Disclosure |
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39 | (34) |
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Part II Mandated Disclosure |
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From Disclosure to Transparency in Consumer Law |
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73 | (16) |
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No Need to Read: `Self-Enforcing' Pre-Contractual Consumer Information in European and German Law |
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89 | (30) |
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The Law on Unfair Terms in Standard Form Contracts in Europe |
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119 | (14) |
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Ex-Post Fairness Controls and Contract Design: The Spanish Experience |
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133 | (18) |
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Correcting Information Asymmetry Via Deep Consumer Information; Compelling Companies to Let the Sunshine In |
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151 | (28) |
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Part III Data Protection Regulation |
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Law in Books and Law in Action: The Readability of Privacy Policies and the GDPR |
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179 | (26) |
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`Your DNA Is One Click Away': The GDPR and Direct-to-Consumer Genetic Testing |
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205 | (22) |
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Part IV Further Applications |
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The Poisonous Fruit of Foreign Currency Loans for Consumers in Selected Central European States: The Dilemma for Macroeconomic Policy |
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227 | (24) |
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In Search of the Theory of Harm in EU Consumer Law: Lessons from the Consumer Fitness Check |
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251 | (32) |
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Limits to Behavioural Consumer Law and Policy: The Case of EU Alcohol Labelling |
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283 | (16) |
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Environmental Protection by Means of Consumer Law? Sustainability and Civil Law: The Example of Climate Protection |
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299 | (24) |
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| Index |
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323 | |
Klaus Mathis is Full Professor of Public Law, Law of the Sustainable Economy, and Philosophy of Law at the University of Lucerne. He is the co-founder of the Center for Law and Sustainability (CLS) and Director of the Institute for Interdisciplinary Legal Studies lucernaiuris. His particular fields of expertise are Swiss constitutional law, law and economics, law of sustainable development, and philosophy of law. Avishalom Tor is Professor of Law and Director of the Notre Dame Research Program on Law and Market Behavior (ND LAMB). He is also a Global Professor of Law, University of Haifa Faculty of Law. His particular fields of expertise are behavioural law and economics, antitrust law, and behavioral decision research.
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