35 research outputs found

    Verbraucher-Scoring aus Sicht des Datenschutzrechts

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    Platforms as Contract Partners: <em>Uber</em> and beyond

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    This article analyses the recent case law concerning Uber and other platforms. Its main objective is to examine the question of whether and under what conditions platforms can be considered the contract partners of the individuals who seek goods and services through the platform’s infrastructure. In a first step, the criteria employed by the courts, both the Court of Justice of the European Union and national courts, are identified that characterise the role of platforms in relation to the underlying service provision. In a second step, the article looks at the approach to intermediaries in more traditional consumer contract law. A differentiated image emerges, which underlines the need for legislative clarification

    Consumer Vulnerability and Welfare in Mortgage Contracts

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    This book advocates a new way of thinking about mortgage contracts. This claim is based on the assumption that we currently live in a political economy in which consumer debt fulfils a social function. In the field of housing this is evidenced by the expansion of mortgage credit through which consumers are to purchase residential property as a means of social inclusion and personal welfare. It is suggested that contract law needs to adjust to this new social function in order to avoid welfare losses in terms of default, over-indebtedness, and possibly eviction. To this end, this book analyses theoretical contract law frameworks and makes concrete proposals for contract law in the EU legal order
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