Legal Literature

  • Legal Literature Details
    • Member State: Netherlands
    • Title: The UCP Directive and its implementation in the Dutch Civil Code: potential complications in practice
    • Subtitle:
    • Type:
    • URL:
    • Author: L. KROON and C.S. MASTENBROEK
    • Reference: Tijdschrift Intellectuele Eigendom en reclamerecht, 2008/64
    • Publication Year: 2008
    • Keywords: B2B, general discussion on the national implementation
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 1, Article 2, (d) Unfair Commercial Practices Directive, Chapter 2, Article 5, 1. Unfair Commercial Practices Directive, Chapter 2, Article 5, 2. Unfair Commercial Practices Directive, Chapter 1, Article 1 Unfair Commercial Practices Directive, Chapter 1, Article 2 Unfair Commercial Practices Directive, Chapter 2, Article 5 Unfair Commercial Practices Directive, Chapter 3, Article 10 Unfair Commercial Practices Directive, Chapter 4, Article 11 Unfair Commercial Practices Directive, Chapter 4, Article 14
  • Headnote
    This article summarises the key points of the UCP Directive and the way it is implemented in the Dutch Civil Code. The authors state that the provisions contain very broad norms on the one hand, while -- on the other hand -- they are somewhat limited due to the many exceptions that are made, as well as the fact that B2B relations are not taken into account.

    In the authors' opinion, the Dutch legislator's implementation plan will lead to discussions about the question whether a certain commercial practice falls within the scope of the provisions, which will lead to legal uncertainty.
  • General Note
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