Legal Literature

  • Legal Literature Details
    • Member State: Netherlands
    • Title: An unfair commercial practice is a tort. But what use is that to us?
    • Subtitle:
    • Type:
    • URL:
    • Author: W.H. VAN BOOM
    • Reference: Nederlands Tijdschrift voor Burgerlijk Recht, 2008/3, page 125
    • Publication Year: 2008
    • Keywords: contract law, national law, unlawful act
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Article 5
  • Headnote
    In this article, the author doubts whether it was a good decision to classify unfair commercial practices as a type of "unlawful act" in the Dutch Civil Code. In some cases, the reversal of a transaction seems to be the best option after all. This classification might not be as effective, proportional or deterrent as the UCP Directive aims for.
  • General Note
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