15. The Commission intends to focus on two areas: first, the potential problems arising from the diversity of national contract legislation and, secondly, the options for the future of contract law in the European Community. This will enable the Commission to define its future policy in this area and to propose all necessary measures. Any guarantee [39] is mandatory in accordance with the conditions set out in the guarantee, written contract or associated advertising (Article 6, paragraph 1). In addition, the guarantee must be contained in a written document that is freely available for consultation prior to purchase, including the duration and geographical extent of the guarantee and the name and address of the deposit (Article 6, paragraphs 2 and 6, paragraph 3). Where such a guarantee is offered and does not comply with the provisions of the directive, the consumer may continue to demand compliance with the guarantee (Article 6, paragraph 5). Contractual clauses or agreements that waive or restrict the rights arising from the directive do not bind the consumer (Article 7, paragraph 1). Directive 93/83/EEC sets out the principle that broadcasting and wiring rights can only be acquired through collective agreements (individual or collective) (instead of legal licensing systems) (Articles 3 and 8). The directive also provides for the mandatory management of cable transmission rights by collective management companies by valuation companies (Article 9). It also provides for the assistance of one or more mediators in the event of no agreement on the authorisation to broadcast a shipment by cable (Article 11) and aims to prevent the misuse of negotiating positions (Article 12). Many directives provide only provisions, while others regulate similar issues in a binding way (for example.

B, Directive 97/7/EC on the burden of proof on remote contracts and Directive 99/44/EC on the sale of consumer goods, on the other hand). 61. Another possibility would be a comprehensive text containing provisions on general issues of contract law as well as specific contracts. For this option, the choice of instrument and the binding nature of the measures must be discussed. – review and improve existing EU contract law legislation to make it more coherent or adapt to situations that were not foreseen at the time of adoption. Directive 90/314/EEC on package travel is the only one that legally defines the term “contract”: “The contract refers to the agreement binding the consumer to the organiser and/or retailer” (Article 2.5). [26] . Below are two examples of national/industrial grouping initiatives aimed at finding a solution to cross-border cross-border contract problems through voluntary agreements on model contracts: -in 1999, a group of six German industry associations, the Component Supply Working Group, agreed on a number of minimum clauses for cross-border contracts. However, this model applies to cross-border contracts governed exclusively by German law (contracting parties must agree to regulate the cross-border contract in accordance with German law) and contains provisions on prices, confidentiality, forms, equipment, industrial property rights, warranty, liability, damage to products, etc. ORGALIME (European Group of Mechanical, Electrical, Electronic and Metallurgical Industries) has also published a model of international “consortium” agreements to promote cross-border cooperation. Directive 87/102/EEC applies to credit contracts for which a creditor grants consumer credit in the form of a late payment, loan or similar financial agreement (Article 1).

Credit contracts must be entered into in writing, which contain the essential terms of the contract, including a list of the annual percentage and conditions under which it may be amended (Article 4). 60. In addition, a further improvement would be to adapt, if necessary, the content of existing instruments [33] before new legislation is adopted.

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