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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 27-38Download
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@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" }Download
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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 -Download
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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.). ERDownload
Mods
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Full Metadata
Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 8 (2017) 1 |
---|---|
Title |
Digital Content and Sales or Service contracts under EU Law and Belgian/French Law (eng) |
Author | Hervé Jacquemin |
Language | eng |
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.). |
Subject | French and Belgian Civil Law, articulation issues between concepts, consumer protection, digital content, goods, sales contract, service contract, services |
DDC | 340 |
Rights | DPPL |
URN: | urn:nbn:de:0009-29-45307 |