general clause

Second, the text shows that it was important to know whether the general clause applied or not.

Therefore, their consolidation into a single general clause is clear, simple and straightforward.

In those countries which operate a general clause, we also know that operates differently.

Instead of more general clauses, powers will be specifically conferred.

This too has not been solved. It is dealt with by means of a general clause which does not provide any definition.

But they are arrived at by applying the tests of the general clause and must fall within the scope of the proposal.

The general clause will be supplemented by specific rules covering the various categories of unfair commercial practices both before and after sale.

The framework directive will contain a general clause prohibiting unfair commercial practices detrimental to consumers.

For the sake of legal certainty we would prefer a general clause based on a prohibition on unfair trading practices.

In civil legal systems, broad "general clauses" allow judges to have similar leeway in applying the code.

The use of general clauses gives some leeway to the Member States but ensures, at the same time, that the directive is future-proof.

On the question of 'fair and unfair', the framework directive would hinge on a general clause prohibiting unfair commercial practices.

Chapter III contains general clauses and preserves existing State laws which permit evidence to be taken by other equally liberal procedures.

Even legislators in central Europe, which are well accustomed to detailed regulation, are relying increasingly on general clauses in order to adapt legislation to changing circumstances.

The desecration of national symbols is not specifically criminal, but flag desecration is prosecuted under the more general clauses against disorderly conduct.

Fortunately the instances in which a general clause is used, to entrust the entire content of the will to the faith of the heirs, yield more exciting results.

To help achieve this legal certainty, a non-exhaustive list of unfairness categories and a list of examples of banned commercial practices will supplement the general clause.

A strict approach will be taken to the construction of exclusion clauses and general clauses are unlikely to be held to exclude all aspects of fiduciary duty.

A non-exhaustive list of examples could be attached to the directive in order to illustrate the scope of the general clause and how the specific rules work in practice.

Will it be a general clause for comitology, or a more specific rule which allows comitology only within a set of fixed aims, as it would appear the rapporteur prefers?

Since they are not quoted, however, it is not clear whether this is because they were initially worded in that way or because the general clause has converted them into trusts.

The Acts include a general clause which says that the corporation should keep proper accounting records and should present its accounts in a form laid down by the relevant Secretary of State.

In addition, the general clause in the directive will replace all the divergent general clauses in the Member States and so create a more uniform regulatory environment.

Such a clause could be useful in certain cases in the context of better regulation, but the Commission does not see added value in including this general clause in this regulation.

A general clause based on the requirement of fair commercial behaviour would seem better suited to this than the prohibition of misleading and deceptive practices, provided it is given a precise and workable definition.