Integration of EU and Unity of Private Law: Case of Bringing-into-National Law of EC Directive
| Project/Area Number |
13620055
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | HIROSHIMA UNIVERSITY |
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Principal Investigator |
TAKAHASHI Hiroshi Faculty of Law, Professor, 法学部, 教授 (90033745)
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| Project Period (FY) |
2001 – 2002
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| Project Status |
Completed (Fiscal Year 2002)
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| Budget Amount *help |
¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2002: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2001: ¥500,000 (Direct Cost: ¥500,000)
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| Keywords | Integration of EU / Unity of Private Law / Bringing-into-National Law of EC Directive / Package Travel Contract Law / Package Travel |
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| Research Abstract |
Council Directive of 13 June 1990 on Package Travel, Package Holidays and Package Tour (90 / 314 EEC), hierafter this Directive) has orderd for the consumer protection that Member States shall bring into force the measures necessary to comply with this Directive before 31 December 1992. But Member States which kept this time limit are only four states, namely England (Package Travel Regulations 1992), France (loi n° 92-645 du 14 juill. 1992), Holland (Civil Code, Book 7 A: Reisovereenkomst 1992) and Portugal. In 1994 Germany has brought this Directive into national **w (Einfuehrunggesetz fuer EG-Richtlinie ueber Pauschalreisen) and in 1995 Spain (Ley reguladora de viajes combinados). In 1996 German Case European Court has admitted state compensation for damages of package-tavelers caused by delay of legislation which this Directive demanded Member States. This Decision hastened the legislation of Member States.
As the result of Bringing-into-national-law of this Directive it is very noticeable that even in England and France, like Germany, the organizer and / or retailer must be liable directly to consumers for any fault of another supplier of travel services.
And in 1993 Swiss which is not Member State of EC, has brought this Directive into national law (Bundesgesetz ueber Pauschalreise vom 18. 6. 1993).
By this Directive Package Travel Contact Law in Europe becomes gradually equal about definition of package travel, supply of tavel informations, consummer protection in a case of insolvency of the organaizer and / or retailer and conditions of travel contract.
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Report
(3 results)
Research Products
(19 results)
