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Unfair terms in commercial contracts and the two laws of competition: French law and English law contrasted

Abstract:

The laws controlling the fairness of the terms of non-consumer contracts in French and in English law have recently grown much further apart. French law has introduced two new general sets of controls modeled on the European consumer law test: the first in the Commercial Code governing all ‘commercial contracts’ and forming part of a wider law of unfair competition with a background in ‘abuses’ by large retailers of their suppliers; the second in the Civil Code governing the terms of contrats...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1093/ojls/gqz003

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Institution:
University of Oxford
Division:
Social Sciences Division
Department:
Law
Subgroup:
Law Faculty
Oxford college:
St Johns College
Publisher:
Oxford University Press Publisher's website
Journal:
Oxford Journal of Legal Studies Journal website
Volume:
39
Issue:
2
Pages:
404–434
Publication date:
2019-03-25
Acceptance date:
2019-01-07
DOI:
EISSN:
1464-3820
ISSN:
0143-6503
Pubs id:
pubs:959099
URN:
uri:8664a80d-e3c5-49b5-9636-8d5514d600ed
UUID:
uuid:8664a80d-e3c5-49b5-9636-8d5514d600ed
Local pid:
pubs:959099

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