Legal Literature

  • Legal Literature Details
    • Member State: France
    • Title: The reform of unfair commercial practices by the Chatel Law - Civil law principles meet consumer law
    • Subtitle:
    • Type:
    • URL:
    • Author: M. CANNARSA
    • Reference: La Semaine Juridique Edition Générale No. 36, September 3, 2008, I 180.
    • Publication Year: 2008
    • Keywords: aggressive commercial practices, contract law, general discussion, misleading commercial practices
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 8 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 9
  • Headnote
    This article describes the modifications to the French Consumer Code resulting from the implementation of the UCP Directive by the Law No. 2008-3, of 3 January 2008.

    The author emphasises the convergence of consumer law and civil law principles. According to the author, modifications of consumer law have led to gloss over the specificity of civil law. In particular, the author stresses the similarity between misleading and aggressive practices, respectively, and the definitions of willful misrepresentation and duress found in civil law. A convergence in respect of sanctions provided by consumer law and civil law is also noticed by the author.

    The author also criticizes the implementation into national law of the provisions of the UCP Directive.
  • General Note
  • Related Cases

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