European Social Contracts (EuSoCo)
|Mitigating conflicts of interest: Large £28m fines in the UK are a warning that banks and other providers must check their remuneration schemes and control their sales incentives so...
The UK FCA has fined two leading UK banks for wrong incentive schemes that have led to thousands of consumers with wrong and inappropriate products. Below is the report from Consumers International on the subject. £28m Sales Incentives fine for big British banks 11 Dec 2013 Two leading UK banks, Lloyds TSB and Bank of Scotland (including the Halifax), have been fined... [more...]
|Life Time Contracts: A group of law experts publish a book, declaration and their principles for contract law that takes social and economic realities into account.
A link to the working group’s blog is provided below as is a link to download a preview version of The EuSoCo Groups’ book on Life Time Contracts. The book will be available end January 2014. Life Time Contracts: After eight years of joint work, a group of law professors from three continents teaching contract law, international law, labour, consumer and tenancy law have... [more...]
|Common European Sales Law: European Parliament Impact assessment report
Common European Sales Law: Research Paper on the Economic Aspects of the European Commission's Impact Assessment Date : 15-02-2013 Reference : Study Summary : In recent years, an extensive debate has evolved on the need for harmonisation of European sales law, with the existing diversity of contract laws in Member States being perceived as a barrier to trade and hence... [more...]
|Common European Sales Law: Discussing the proposal and taking stock after a year
The JURI Committee will be holding an interparliamentary committee meeting on the proposal for a Common European Sales Law on 27.11., 15:00 - 18:30. Members of national parliaments will be able to join MEPs in questioning experts and debating different aspects of the proposal. The meeting will be opened by Vice-President Viviane Reding, Justice Commissioner. Legal... [more...]
|EU Contract Law - EC Consultation rceeives 181 responses including one from the EuSoCo Group
The EuSoCo Group, a spin off of legal academics from within the network of ECRC who are working on issues of social contract law, have responded to the European Commission initiative on European Contract Law by sharing with them the Group's declaration and its arguments as to why the frame of reference for the work being conducted should be adjusted.Attached below is the... [more...]
|CREDIT REPORTS – Acknowledging the discriminating vicious cycle of bad credit worthiness bad job market chances if employers have access to this information
Should Your Credit Report Cost You a Job? A new bill would prohibit employers from using credit reports in hiring decisions By Liz Wolgemuth (Posted July 29, 2009) This sounds like a cycle of pure misery: First, you get laid off. Then, you're one of the 4.4 million Americans who in June saw their job searches stretch out six months or more. The bills keep rolling in... [more...]
|Trento Meeting on European Social Contract Law and Lifetime Contracts September 25, 2009
The first seminar on European Social Longterm Contracts (Lifetime contracts) will be held in Trento on September 25, 2009. The seminar will group about 10 to 15 persons from presently 8 states and serves mainly four purposes: - Discuss how the three areas of law: labour law, consumer credit law and tenancy law ("lifetime" or "social longterm" contracts) can contribute to... [more...]
|Too Late for Social Contract Law in Europe? End of 2008 the final Draft of "Common Principles of European Contract Law" (CoPECL) sponsored by the EU Commission will be presented to the...
THE EU-PROJECT The EU-Commission finances a project to build a European Contract Code which will be primarily based on international sales law principles and the form consumer protection as information and competition law has got within the EU-Directives. While in practice workers' and tenants' protection as well as debtors' protection has since long left the area of pure... [more...]
|EuSoCo: European Social Contract Law Intiative/Initiative zum Europäischen Vertragsrecht/Code Européen Social du Contrat
DEUTSCH Über 1000 Wissenschaftler arbeiten zur Zeit an Projekten zu einem einheitlichen europäischen Vertragsrecht. Im Mittelpunkt stehen Eigentum und Kauf. Strukturell orientiert man sich stark am Prozess der Rechtsvereinheitlichung im Common Law. Ansätze im sozialen Zivilrecht, die sich an der traditionellen Werthierarchie des kontinentaleuropäischen Rechtes auf der... [more...]
|EU LABOUR LAW - Conclusion of the public debate by the European Commission on the modernisation of labour law
Tuesday 23 October: CONCLUSION OF THE PUBLIC DEBATE ON THE MODERNISATION OF LABOUR LAW THE NEWS: The Commission will adopt a Communication on the results of the public consultation on the Green Paper on Labour Law which received over 450 replies from interested parties. The responses highlighted the extent to which labour law is an important tool, not only in dealing... [more...]
|Ideas on the Relation of Consumer and Labour Law - Preliminary Draft of a Paper presented at IACL Conference in Capetown RSA April 2007
Udo Reifner (Hamburg) Some ideas on the Relation of Consumer and Labour Law Paper presented at the IACL Conference in Capetown, ZA April 2007 REDISCUSSING CONSUMER LAW: “LEGAL SOCIOLOGY” Consumer law is the historical answer of the legal system to deficits consumers experience when trying to satisfy their basic needs in the market economy. Its existence proves the... [more...]
|European Contract Law only for Transborder Shopping? Martijn Hesselink from the social justice group criticises the latest move of the Commission to build a contract law solely on the...
MUSIC TO OUR HEARTS? Human Beings or Consumers this is the question Professor Hesslink from Amsterdam poses the Commission after its decision to reduce the European Contract Law approach to consumer law. From an EuSoCo perspective the critique that human beings have much more contractual interests and relations than it is mirrored in the scattered rules of EU-Directives... [more...]
|Udo Reifner, Hamburg CONTRACT THEORY: RENTING A SLAVE – EUROPEAN CONTRACT LAW IN THE CREDIT SOCIETY English Version of the Paper presented at the Conference on Private Law and the...
ABSTRACT The present move towards a joint European contract law will promulgate a pure market driven concept of contract law which lacks the cultural links to the social and cultural developments in the member states. Its outdated sales law model that assumes spot contracts in a competitive market hinders even the discussion of social justice within the contractual... [more...]
|Workshop 6: "Labour, Unemployment, Self-employment and Credit", Workshop outline by Bernd Balkenhol
OBJECTIVE: The Workshop will deal with links between the credit and the labour markets. Over-indebtedness is an issue for both employers and unions: for employers because employees with debt problems are likely to be less productive and cause substantial transaction costs in personnel management; for worker organizations over-indebtedness is an issue because it signals... [more...]
|Workshop 6: "Labour, Unemployment, Self-employment and Credit", Abstract by Oliver Haas for Bernd Balkenhol
OVERINDEBTEDNESS (Working Paper by Oliver J. Haas, supervisor: Dr. Bernd Balkenhol) Over the last two decades overindebtedness has become one of the major social problems in the developed countries. It is often a feature of the working poor, reinforcing a perception of socio-economic dependency, jeopardizing the employment situation and decreasing the perspectives for... [more...]
|Credit, Labour and Tenants Law - Research Agenda to develop Principles for a European Contract Regulattion (EuSoCo)
Employment, rent and consumer needs belong together both financially and structurally · Representatives of academic disciplines and their institutions working in the three disciplines associated with social relationships based on long-term obligations are neither linked together nor tied to general civil law dogma. Instead of demanding more social responsibility in... [more...]
|Social Justice in European Contract Law: a Manifesto Study Group on Social Justice in European Private Law*
The Study Group on Social Justice in European Private Law are: Gert Brüggemeier (Bremen), Mauro Bussani (Trieste), Hugh Collins (London), Aurelia Colombi Ciacchi (Bremen), Giovanni Comandé (Pisa), Muriel Fabre-Magnan (Nantes), Stefan Grundmann (Berlin), Martijn Hesselink (Amsterdam) (Chairman), Christian Joerges (Florence), Brigitta Lurger (Graz), Ugo Mattei (Torino),... [more...]
|Inclusive Contract Law - Poverty in Common and Civil Law (Hamburg/New York 2000) (90 p)
OVERVIEW "Inclusive Contracts" open individual contracts to a social dimension which apparent in collective agreements in labour law increasingly appears also in general contract law where ethical principles, unilateral declarations and general clauses are used to frame individual contracts and fill their general values of good faith with social and legally binding... [more...]