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Hervé Jacquemin, Digital Content and Sales or Service contracts under EU Law and Belgian/French Law, 8 (2017) JIPITEC 27 para 1.

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%0 Journal Article
%T Digital Content and Sales or Service contracts under EU Law and Belgian/French Law
%A Jacquemin, Hervé
%J JIPITEC
%D 2017
%V 8
%N 1
%@ 2190-3387
%F jacquemin2017
%X The rather novel concept of “digital content” is defined and regulated both in the Consumer Rights Directive and in the Proposal for a Directive on certain aspects concerning contracts for the supply of digital content (dated 9 December 2015). In this paper, the concept is presented, as well as the reasons why the European legislator adopted (or is willing to adopt) protection measures to the benefit of consumers in this context. Relying on this analysis, the paper will further discuss the articulation issues between the notion of “digital content” and other relevant concepts under EU Law and some national laws (of civil Law countries). First, a comparison between the notion of digital content and other concepts used at the EU level (and in the corresponding legal framework adopted in the Member States), in regulations protecting the consumers (the concepts of “goods”, “services”, “sales” or “services contracts”, etc.) will be carried out. The concept will then be compared with the classical notions used in Belgian (and French) Contract Law, especially in the Civil Code (“contract of enterprise”, “sales contract”, etc.).
%L 340
%K French and Belgian Civil Law
%K articulation issues between concepts
%K consumer protection
%K digital content
%K goods
%K sales contract
%K service contract
%K services
%U http://nbn-resolving.de/urn:nbn:de:0009-29-45307
%P 27-38

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Bibtex

@Article{jacquemin2017,
  author = 	"Jacquemin, Herv{\'e}",
  title = 	"Digital Content and Sales or Service contracts under EU Law and Belgian/French Law",
  journal = 	"JIPITEC",
  year = 	"2017",
  volume = 	"8",
  number = 	"1",
  pages = 	"27--38",
  keywords = 	"French and Belgian Civil Law; articulation issues between concepts; consumer protection; digital content; goods; sales contract; service contract; services",
  abstract = 	"The rather novel concept of ``digital content'' is defined and regulated both in the Consumer Rights Directive and in the Proposal for a Directive on certain aspects concerning contracts for the supply of digital content (dated 9 December 2015). In this paper, the concept is presented, as well as the reasons why the European legislator adopted (or is willing to adopt) protection measures to the benefit of consumers in this context. Relying on this analysis, the paper will further discuss the articulation issues between the notion of ``digital content'' and other relevant concepts under EU Law and some national laws (of civil Law countries). First, a comparison between the notion of digital content and other concepts used at the EU level (and in the corresponding legal framework adopted in the Member States), in regulations protecting the consumers (the concepts of ``goods'', ``services'', ``sales'' or ``services contracts'', etc.) will be carried out. The concept will then be compared with the classical notions used in Belgian (and French) Contract Law, especially in the Civil Code (``contract of enterprise'', ``sales contract'', etc.).",
  issn = 	"2190-3387",
  url = 	"http://nbn-resolving.de/urn:nbn:de:0009-29-45307"
}

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RIS

TY  - JOUR
AU  - Jacquemin, Hervé
PY  - 2017
DA  - 2017//
TI  - Digital Content and Sales or Service contracts under EU Law and Belgian/French Law
JO  - JIPITEC
SP  - 27
EP  - 38
VL  - 8
IS  - 1
KW  - French and Belgian Civil Law
KW  - articulation issues between concepts
KW  - consumer protection
KW  - digital content
KW  - goods
KW  - sales contract
KW  - service contract
KW  - services
AB  - The rather novel concept of “digital content” is defined and regulated both in the Consumer Rights Directive and in the Proposal for a Directive on certain aspects concerning contracts for the supply of digital content (dated 9 December 2015). In this paper, the concept is presented, as well as the reasons why the European legislator adopted (or is willing to adopt) protection measures to the benefit of consumers in this context. Relying on this analysis, the paper will further discuss the articulation issues between the notion of “digital content” and other relevant concepts under EU Law and some national laws (of civil Law countries). First, a comparison between the notion of digital content and other concepts used at the EU level (and in the corresponding legal framework adopted in the Member States), in regulations protecting the consumers (the concepts of “goods”, “services”, “sales” or “services contracts”, etc.) will be carried out. The concept will then be compared with the classical notions used in Belgian (and French) Contract Law, especially in the Civil Code (“contract of enterprise”, “sales contract”, etc.).
SN  - 2190-3387
UR  - http://nbn-resolving.de/urn:nbn:de:0009-29-45307
ID  - jacquemin2017
ER  - 
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Wordbib

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ISI

PT Journal
AU Jacquemin, H
TI Digital Content and Sales or Service contracts under EU Law and Belgian/French Law
SO JIPITEC
PY 2017
BP 27
EP 38
VL 8
IS 1
DE French and Belgian Civil Law; articulation issues between concepts; consumer protection; digital content; goods; sales contract; service contract; services
AB The rather novel concept of “digital content” is defined and regulated both in the Consumer Rights Directive and in the Proposal for a Directive on certain aspects concerning contracts for the supply of digital content (dated 9 December 2015). In this paper, the concept is presented, as well as the reasons why the European legislator adopted (or is willing to adopt) protection measures to the benefit of consumers in this context. Relying on this analysis, the paper will further discuss the articulation issues between the notion of “digital content” and other relevant concepts under EU Law and some national laws (of civil Law countries). First, a comparison between the notion of digital content and other concepts used at the EU level (and in the corresponding legal framework adopted in the Member States), in regulations protecting the consumers (the concepts of “goods”, “services”, “sales” or “services contracts”, etc.) will be carried out. The concept will then be compared with the classical notions used in Belgian (and French) Contract Law, especially in the Civil Code (“contract of enterprise”, “sales contract”, etc.).
ER

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Mods

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  <titleInfo>
    <title>Digital Content and Sales or Service contracts under EU Law and Belgian/French Law</title>
  </titleInfo>
  <name type="personal">
    <namePart type="family">Jacquemin</namePart>
    <namePart type="given">Hervé</namePart>
  </name>
  <abstract>The rather novel concept of “digital content” is defined and regulated both in the Consumer Rights Directive and in the Proposal for a Directive on certain aspects concerning contracts for the supply of digital content (dated 9 December 2015). In this paper, the concept is presented, as well as the reasons why the European legislator adopted (or is willing to adopt) protection measures to the benefit of consumers in this context. Relying on this analysis, the paper will further discuss the articulation issues between the notion of “digital content” and other relevant concepts under EU Law and some national laws (of civil Law countries). First, a comparison between the notion of digital content and other concepts used at the EU level (and in the corresponding legal framework adopted in the Member States), in regulations protecting the consumers (the concepts of “goods”, “services”, “sales” or “services contracts”, etc.) will be carried out. The concept will then be compared with the classical notions used in Belgian (and French) Contract Law, especially in the Civil Code (“contract of enterprise”, “sales contract”, etc.).</abstract>
  <subject>
    <topic>French and Belgian Civil Law</topic>
    <topic>articulation issues between concepts</topic>
    <topic>consumer protection</topic>
    <topic>digital content</topic>
    <topic>goods</topic>
    <topic>sales contract</topic>
    <topic>service contract</topic>
    <topic>services</topic>
  </subject>
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        <start>27</start>
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  <identifier type="urn">urn:nbn:de:0009-29-45307</identifier>
  <identifier type="uri">http://nbn-resolving.de/urn:nbn:de:0009-29-45307</identifier>
  <identifier type="citekey">jacquemin2017</identifier>
</mods>
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Full Metadata

JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
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