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Dissertations / Theses on the topic 'Consumer law'

Author: Grafiati
Published: 4 June 2021
Last updated: 7 July 2024

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1

Chung, Kam-tong Peter. "China consumer protection law : panacea or placebo? /." View the Table of Contents & Abstract, 2005. http://sunzi.lib.hku.hk/hkuto/record/B31365723.

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2

Chung, Kam-tong Peter, and 鍾錦棠. "China consumer protection law: panacea or placebo?" Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2005. http://hub.hku.hk/bib/B45012799.

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3

Aderam, Henry Ndejapo Tshapumba. "Consumer protection in online payment methods." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73435.

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This research focuses on online payment methods which are premised on electronic funds transfer. It is a general discourse that the use of online payment methods is risky. It is held that the fear of fraud and abuse of a payment system is at the focal point of such risk. Banks which provide these payment systems are usually not prepared to negotiate with their prospective customers. Resultantly, banks contract out of the risk associated with online payments, specifically the liability for unauthorized electronic funds transfers. This culminates in bank’s customers bearing the majority of that risk as a result of the bank-customer contract. Some of the laws applicable to this relationship also ascribe to the notion above. They burden bank’s customers solely with the liability of the use of their cards until notification to the bank of its theft or misuse. This shows a completed disregard of the nature of how online payment methods operate. Such imposition of liability is excessively one-sided in favour of the banks and detrimental to the bank’s customers. Ultimately, the scope of application of the current applicable consumer protection laws is limited by factors such as non-applicability to juristic persons or limitation based on asset value for those that do. This thus denotes a large segment of online payment methods users who cannot avail themselves to measures of protection provided for by the current applicable consumer protection laws. The research aims to avert the issues as demonstrated above, provide clarity in pursuit of equity and compliance, plus a comprehensive consumer protection approach for online payment methods users.
Mini Dissertation (LLM)--University of Pretoria, 2019.
Mercantile Law
LLM
Unrestricted
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4

Sofola, Olatokunbo. "The Nigerian law of consumer credit and security." Thesis, King's College London (University of London), 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.268316.

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5

Phillips, Andelka M. "Protecting the rights of consumers : clickwrap contracts and direct-to-consumer genetic testing." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:a16ae984-10ca-4107-8db8-f8a8d7c45322.

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This thesis examines the regulation of the direct-to-consumer genetic testing industry through analysis of the industry's use of wrap contracts (clickwrap and browsewrap), A significant portion of the thesis consists of a comparative document review of the publicly available wrap contracts of DTCGT companies provided tests for health purposes. It also considers other regulatory responses to date. Due to the lack of industry specific regulation it argues that the use of wrap contracts can be viewed as a means of industry self-regulation and a form of private legislation. This means that governance is skewed heavily in favour of companies and it creates an imbalance in the respective rights and obligations of the parties - company and consumer - which is likely to result in consumer detriment. It is argued that certain types of terms commonly include in DTCGT contracts, including: unilateral variation clauses; some exclusion clauses; choice of law clauses; indemnity; and consent clauses are likely to be deemed unfair and unenforceable under UK law. It recommends that in the short-term the Competition and Markets Authority should undertake a compliance review of DTCGT contracts in order to improving contracts for consumers. In the long term, companies should also be complying with data protection law, as well as legislation on medical devices and the provisions of the Human Tissue Act and there may be a need for industry specific legislation.
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6

Himoni, Marina. "European consumer law : a law for the consumer or the internal market? : the case of the Consumer Rights Directive and its application to the UK and Cypriot regime." Thesis, University of Leeds, 2016. http://etheses.whiterose.ac.uk/13957/.

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In 2008 the European Commission has put forward a Proposal for a Consumer Rights Directive with the aim to increase consumer confidence in the internal market. Based on the principle of maximum harmonisation, the proposed Directive provided for amendments in the areas of unfair contract terms, consumer remedies, distance and doorstep selling. However, the disagreement of Member States regarding the contentious amendments to unfair contract terms and consumer remedies which involved a reduction of consumer protection led to those changes being dropped from the final Directive. The shift to maximum harmonisation and the contentious amendments in the two areas constitute the starting point for the argument put forward in this thesis. Increasing consumer confidence has not been the actual aim behind the Commission’s legislative efforts. With the application of the moral panic theory to the case of European Consumer Law, the aim is to show how the European Commission has used the consumer confidence justification as a smokescreen for the shift to maximum harmonisation which can better support its internal market project. The Consumer Rights Directive as adopted constitutes a compromise and only amends Distance Selling and Doorstep Selling Directives. Although reduction to the level of consumer protection was prevented, the eventual approach followed under the Consumer Rights Directive still constitutes indication of the fact that the driving force has been the internal market. The application of the Directive to the domestic regimes of UK and Cyprus provides an opportunity to test the main argument of this thesis.
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7

Gustavsson, Malin, and Anne-Marie Johansson. "Consumer Trust in E-commerce." Thesis, Kristianstad University College, Department of Business Administration, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-4253.

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An often mentioned reason for consumers not purchasing from Internet vendors, is the lack of trust. The lack of physical clues and physical interaction in the online environment make it more difficult to establish trust with the consumers. So, it is important for companies to learn how to manage consumers’ trust in e-commerce. Although, building consumer trust on the Internet is a challenge for online vendors.

The purpose with this dissertation was to get a better understanding of consumer trust in e-commerce. We wanted to find important factors that help to establish consumer trust in e-commerce. These factors guided our empirical research, in which our purpose was to investigate how consumers perceive the importance of some selected factors, for them to feel trust to purchase online. We chose to use a survey as our research strategy and the primary data was collected through a questionnaire.

We found that there are many factors that help establish trust, which are relevant for the consumers when purchasing online. Security and privacy are factors that are of great importance for the consumers to feel trust, to purchase online. Businesses are not able to directly control the trust their customers feel. They can just build environments that encourage people to feel trust. A marketplace can be trustworthy, but the participants have to feel the trust before the marketplace can be trusted.

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8

Gustavsson, Malin, and Ann-Marie Johansson. "Consumer Trust in E-commerce." Thesis, Kristianstad University College, Department of Business Administration, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-4320.

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An often mentioned reason for consumers not purchasing from Internet vendors, is the lack of trust. The lack of physical clues and physical interaction in the online environment make it more difficult to establish trust with the consumers. So, it is important for companies to learn how to manage consumers’ trust in e-commerce. Although, building consumer trust on the Internet is a challenge for online vendors.

The purpose with this dissertation was to get a better understanding of consumer trust in e-commerce. We wanted to find important factors that help to establish consumer trust in e-commerce. These factors guided our empirical research, in which our purpose was to investigate how consumers perceive the importance of some selected factors, for them to feel trust to purchase online. We chose to use a survey as our research strategy and the primary data was collected through a questionnaire.

We found that there are many factors that help establish trust, which are relevant for the consumers when purchasing online. Security and privacy are factors that are of great importance for the consumers to feel trust, to purchase online. Businesses are not able to directly control the trust their customers feel. They can just build environments that encourage people to feel trust. A marketplace can be trustworthy, but the participants have to feel the trust before the marketplace can be trusted.

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9

Hasslinger, Anders, Selma Hodzic, and Claudio Opazo. "Consumer Behaviour in Online Shopping." Thesis, Kristianstad University College, School of Health and Society, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-4715.

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The Internet has developed into a new distribution channel and online

transactions are rapidly increasing. This has created a need to understand how

the consumer perceives online purchases.

The purpose of this dissertation was to examine if there are any particular

factors that influence the online consumer. Primary data was collected through

a survey that was conducted on students at the University of Kristianstad.

Price, Trust and Convenience were identified as important factors. Price was

considered to be the most important factor for a majority of the students.

Furthermore, three segments were identified, High Spenders, Price Easers and

Bargain Seekers. Through these segments we found a variation of the different

factors importance and established implications for online book stores.

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10

Mdluli, Buyile Doris. "Online Consumer Protection: an analysis of the nature and extent of online consumer protection by South African legislation." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12894.

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11

Singh, Gurjeet. "Consumer protection law in India : a socio-legal study." Thesis, SOAS, University of London, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273774.

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12

Rejanovinschi, Talledo Moisés. "Dilemmas to consume justice: some scopes of procedural protection of the consumer administrative procedure and consumer arbitration." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/116133.

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This paper argues that the consumer should choose the procedural mechanism that satisfies their need to resolve a dispute and being compensated. Also, the administration, in order to defend rights of consumers, must have the authority to prefer the Constitution through diffuse constitutional control.
El presente documento plantea que el consumidor debe escoger el mecanismo procesal que pueda satisfacer de mejor manera su necesidad de resolver una controversia y de ser indemnizado. Asimismo, la administración, en defensa de los derechos de los consumidores, debe contar con facultades para preferir la Constitución mediante el control difuso.
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13

Halim, Mustafa Afifi bin Ab. "Consumer protection regarding halal food in Malaysian and English law." Thesis, University of Hull, 2018. http://hydra.hull.ac.uk/resources/hull:16885.

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The thesis will explore consumer protection in respect of the abuse of halal food law in Malaysia. It will argue that the protection of halal food consumers is not sufficient to protect consumers in Malaysia. It will identify potential halal food-law infringements in the areas of certifications, false labelling, adulteration of halal food, improper slaughtering practices, questionable hygiene, and misrepresentation of halal. This thesis will investigate the current legal framework of halal food by identifying the potential violation of law, and consequently, will explore possible remedies and legal protection in cases where there is halal food abuse in Malaysia. This thesis will also consider the issue of private remedies for consumers who suffer as a result of food abuses and will explore compensation as a remedy for the nuisance caused. In addition, it will explore the adequacy of administrative measures to address halal food issues in Malaysia and identify whether these measures are capable of preventing legal abuses and holding traders to account. The competent authorities who enforce halal standards face problems and difficulties in providing a sufficient level of policing. This thesis will explore the criminal remedies provided by Malaysian law to deal with halal food abuse. While the problems in Malaysia and the United Kingdom may be similar, there are differences in how both countries deal with halal food issues. This thesis seeks to identify practices and solutions provided by English law which may be implemented in Malaysia to offer increased or more effective protection and to prevent halal food infringement. This thesis will suggest that the law in Malaysia requires modification in order to improve consumer protection. It will indicate a need for effective implementation of legal and enforcement measures in Malaysia. Any consequences of the lack of resources will also be identified. The thesis will conclude by providing recommendations on the implementation of a set of rules and compliance measures that will effectively contribute towards improving consumer protection vis-à-vis halal food in Malaysia.
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14

Cartwright, Peter. "The role of criminal sanctions in consumer protection." Thesis, Aberystwyth University, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273783.

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15

Jansson, Malin. "Game monopoly : State possession and the consumer." Thesis, Karlstad University, Karlstad University, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-1092.

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16

Jeloschek, Christoph. "Examination and notification duties in consumer sales law how far should we go in protecting the consumer?" München Sellier, Europ. Law Publ, 2004. http://deposit.ddb.de/cgi-bin/dokserv?id=2674711&prov=M&dok_var=1&dok_ext=htm.

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17

Jeloschek, Christoph. "Examination and notification duties in consumer sales law : how far should we go in protecting the consumer? /." München : Sellier European Law Publ, 2006. http://deposit.ddb.de/cgi-bin/dokserv?id=2674711&prov=M&dokv̲ar=1&doke̲xt=htm.

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18

Amin, Naemah binti. "Liability for defective products : a comparative study of English and Malaysian law." Thesis, University of Aberdeen, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.288331.

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Product liability, which is generally understood as referring to the civil liability of a manufacturer or distributor for damage caused by a defect in the product, has undergone rapid changes and become increasingly important in the contemporary legal, social and economic development of many countries in different parts of the world. The concept of strict product liability is now an accepted part of the legal regime for consumer protection in most industrialised countries such as the USA, the EC, Australia and Japan. On the other hand, a developing country such as Malaysia is still in the process of enacting a proper law in this respect. The question thus arises as to whether the same principle of strict liability can be adopted in Malaysia. Focusing on the development of product liability law in the UK as a basis for the general understanding of the subject, this study attempts to answer this question as well as to find a solution to the product liability phenomenon in Malaysia. On that premise the specific objectives of the study are: (1) To identify the nature and magnitude of the problems of defective products in the UK by analysing different bases of liability which offer different protections to the injured party. (2) To provide a clear understanding of the concept of strict product liability which has been designed in the European context and implemented in the UK through Part 1 of the Consumer Protection Act 1987, which currently becomes the central tenet of the product liability debate. (3) To examine the existing law on product liability in Malaysia which can be found under the law of contract and the common law of negligence. (4) To examine the suitability of adopting a strict liability rule in Malaysia in preference to the present rule under the common law in the light of the real needs of the country. (5) To suggest an alternative to the present law which is more suitable in the economic and social context of Malaysia as a developing country.
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19

Buttigieg, Eugène. "The safeguarding of consumer interests under US and EC competition law." Thesis, University of London, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.415419.

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20

Asheela, Ndatega Victoria. "Towards responsible lending in Namibian consumer credit law : a comparative investigation." Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/65659.

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The regulation of consumer credit in Namibia mainly is provided for by the Usury Act 73 of 1968 and the Credit Agreements Act 75 of 1980. These legislative enactments originated in South Africa and were applied in South West Africa during the period of South Africa’s mandate over what is now the Republic of Namibia. Despite the fact that these enactments are over 35 years old, they are substantially unchanged. In response to an awareness of the threat of consumer over-indebtedness and other events such as financial crises, the purpose in this thesis is to undertake a situational analysis of the debt prevention measures as provided for by the Namibian legislative framework and the extent of protection these measures afford consumers in terms of irresponsible credit and over-indebtedness. A broad survey of the policies aimed at promoting responsible lending benchmarks the Namibian consumer credit regulatory framework against the leading international best principles which have been developed in response to global economic challenges. The Namibia Financial Institutions Supervisory Authority in the 2014 Microlending Bill proposes to introduce responsible lending practices in the form of a compulsory pre-agreement assessment of the prospective consumer before providing them with credit. In a comparative investigation, the creditworthiness assessment and related measures central to the responsible lending regimes in South Africa and Australia are considered. Measuring the Namibian consumer credit regulatory framework against these recent developments, it is submitted that the current debt prevention measures are inadequate in protecting consumers from irresponsible credit lending and the risk of consumer over-indebtedness. This thesis supplies reasons for the need in Namibia to update the regulatory structure of the credit industry in order to protect consumers. As a contribution to the promotion of a culture of responsible lending in the Namibian consumer credit market, the thesis proposes the introduction of responsible lending measures in Namibia’s consumer credit legislative framework.
Thesis (LLD)--University of Pretoria, 2017.
Mercantile Law
LLD
Unrestricted
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21

Waters, Christopher P. M. "Consumer boycotts in the "New Economy" : how should the common law respond?" Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=20549.

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In the "New Economy", state regulation of corporations is in decline and there is little prospect of effective international control. Corporations are increasingly free vis a vis is the state to set their own standards in fields as diverse as working conditions, environmental discharge and relations with aboriginal communities. At the same time, the power of organized labour to control corporate behaviour appears on the wane. The decline of the state and organized labour has left consumer pressure---backed by boycotts---as one of the few checks on corporate power. This thesis examines the boycott phenomenon and the common law reaction to this form of popular protest. Although drawing heavily on political, historical and sociological insights, ultimately the author proposes a common law response that does not deny the autonomous and apolitical nature of private law reasoning.
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22

Ballard, Martha Alicia Castenada. "The reform of insurance contract law for the protection of the consumer." Thesis, University of Nottingham, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.275941.

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23

McManus, James John. "Law and power : a study of the social and economic development of the law relating to consumer credit." Thesis, University of Dundee, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.247061.

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24

Steinbrück, Katharina [Verfasser]. "Changing Consumer Law in the United Kingdom after Brexit? : A Study in Laws governing Consumer Credit and Unfair Terms in Consumer Contracts in the United Kingdom, Germany, Norway and Switzerland / Katharina Steinbrück." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://d-nb.info/1237168465/34.

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25

Ezechukwu, Nwanneka Victoria. "Innovation and consumer protection : the case of mobile payments." Thesis, University of Nottingham, 2018. http://eprints.nottingham.ac.uk/52826/.

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The ubiquitous nature of mobile devices coupled with a promise of speed and convenience makes mobile payments an attractive innovation. However, mobile payments also raise concerns with regards to consumer protection. This thesis evaluates how selected jurisdictions address these concerns. The discussion is premised on the argument that mobile payments may prove counter-productive if there are no clear regulatory rules protecting the end users. This is particularly significant for jurisdictions hoping to exploit this service to address financial exclusion problems. The thesis adopts a typology of consumer policy tools which could be used to address the identified consumer concerns. This typology guides the enquiry into how the selected jurisdictions address the consumer issues in m-payments. The purpose of this enquiry is to identify what best practices Nigerian authorities can emulate from the regulatory approach in other jurisdictions. Building on the findings of the enquiry, the thesis puts forward certain recommendations which are intended to address the shortcomings observed in the Nigerian regime.
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26

Zegrean, Ivona-Elena. "Consumer welfare and private actions for damages in European Union competition law." Thesis, University of British Columbia, 2017. http://hdl.handle.net/2429/61734.

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In the European Union (“EU”) public enforcement of competition law prevails. Private enforcement is scarce and has not been encouraged or advocated for until the end of 2014, when the EU Parliament passed Directive 2014/104/EU, which sets out an EU-wide framework aimed at promoting and facilitating private damages actions for parties harmed by anticompetitive behaviour. This thesis inquires whether Directive 2014/104/EU succeeds in creating sufficient and appropriate incentives for victims of competition law infringements. The main argument is that while the preparatory work leading to the adoption of the Directive focused on lowering the barriers of access to justice for victims of anticompetitive conduct and incentivizing victims to take legal action against infringing firms, the final version of the Directive partly misses these points. The limited access to evidence provided by the Directive undermines the goal of lowering the burden and standard of proof, because it will still be difficult for claimants to obtain the necessary evidence for building their case, especially in standalone actions. The complete lack of any provisions facilitating class actions for the recovery of damages fails to lower litigation costs and has the effect of keeping in a particularly disadvantaged position consumers and small firms, for which litigation costs are usually prohibitive. These problems are exacerbated by the limitations of public enforcement: public enforcement agencies, due to their limited resources, have to prioritize the violations that warrant enforcement action and let some infringements go unpunished. In this context, despite the consumer welfare objective of EU competition law aiming to prevent the situation where wealth is illegally redistributed from consumers to competition law infringers, the restricted ability of victims to recover damages has the effect of allowing competition law infringers to keep most of their illegal gains.
Law, Peter A. Allard School of
Graduate
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27

Waters, Christopher P. M. "Consumer boycotts in the new economy, how should the common law respond?" Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0003/MQ44079.pdf.

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28

Ioannidou, Maria. "Consumer involvement in private EU competition law enforcement : evaluating and reshaping the enforcement toolbox : towards acceptable mechanisms." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:7c3aae7a-7aba-45de-9f50-d59241218666.

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EU competition law rhetoric attributes particular importance to ‘consumer interest’. However, despite these often repeated pronouncements, final consumers and their respective interests play only an ancillary role in EU competition law enforcement. This thesis embarks from this observation with the aim of strengthening the importance attributed to ‘consumer interest’ in the application and enforcement of EU competition law. Taking into account the difficulty in adopting a ‘final consumer welfare standard’ as the substantive enforcement standard in EU competition law, the thesis shall explore an alternative route and focus predominantly on consumer participation in private competition law enforcement. The analysis is conducted at three levels. First normative justifications for the advocated consumer involvement are provided (‘added value spectrum’ of consumer participation); these include deterrence of competition law violations and compensation to affected consumers (principal aims), as well as aligning the substantive enforcement standard with policy pronouncements, legitimise EU competition policy and contribute to empowering and informing EU consumers (derivative aims). Second, practical proposals in relation to remedial and procedural measures enabling consumer involvement are formulated. Third, in so far as institutional and political limitations impede the adoption of effective measures in the field of private enforcement, alternative routes of consumer participation in public competition law enforcement (that possess the potential to promote the ‘added value spectrum’) are also examined. In light of the above, practical proposals will also be formulated.
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Wilson, Joseph 1968. "Consumer welfare and government regulation of telecommunications : lessons for Pakistan." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=28037.

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Governments started regulating the telecommunications industry, firstly, because the governments thought that the industry possessed the characteristics of what is generally known as 'natural monopoly' and, secondly, to protect the users of telephone services from potential abuses that are associated with the monopoly power. The governmental intervention went so far that, with the exception of few countries, virtually everywhere in the world telecommunications services were provided by the government departments of Post Telephone and Telegraph (PTT). However, with the technological advances made in the telecommunications industry, the industry can no longer be characterized as 'natural monopoly,' and, therefore, the primary rationale for regulating telecommunications industry is undermined. Despite the technological advancements and the move to deregulate telecommunications industry prevalent elsewhere in the world, some developing countries are adamant in maintaining their monopoly over the provision of telecommunications services. What was regulated to protect the consumers against the monopoly abuses is now regulated to extract monopoly profits from the consumers. This paper adopts the premise that whether governments regulate an industry, or deregulate it, or introduce competition in it, they should strictly adhere to the objective of governmental intervention, that is, consumer welfare.
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30

De, Stadler Elizabeth Briers. "The scope of the application of the Consumer Protection Act 68 of 2008 in the context of the sale of defective goods in comparative perspective." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/27809.

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The Consumer Protection Act 68 ('the CPA') came into effect on 31 March 2011. In broad terms, the purpose of the CPA is to promote the social and economic welfare of consumers. Specific reference is made to reducing disadvantages suffered by vulnerable consumers. The question posed in this thesis is whether the scope of the application of the CPA in relation to transactions for goods is consistent with the purpose of the Act, but also how it compares to the approaches taken in the European Union, United Kingdom and Australia. It is argued that the application provisions are not always fair, rational, clear, efficient and consistent with reasonable expectations. The following issues relating to the application of the Act are addressed: the approach to the protection of small juristic persons, the omission of a exclusion based on the purposes for which the transaction is concluded, the onus of proof, the exclusion of transactions outside the ordinary course of business, the definition of 'supplier', whether transactions should be 'for consideration' in order for the consumer to qualify for protection, whether the whole supply chain should be liable and whether all goods should fall within the scope of the Act. Recommendations on these issues are made in light of rationales for consumer protection legislation, proposed criteria for evaluating such legislation (namely whether the legislation is fair, rational, clear, efficient and consistent with reasonable expectations) and comparative research. Suggested amendments to the wording of relevant sections in the Act are made in the final chapter.
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31

Yeung, Karen. "Bargaining and punishment in regulatory enforcement : a normative analysis of the public enforcement of Australian competition law." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365511.

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32

Al-Mamari, S. "General principles of consumer protection in e-commerce trade : a comparative study between Islamic law and EU laws." Thesis, University of Exeter, 2019. http://hdl.handle.net/10871/36623.

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This thesis presents the concept of Sharia law and contrasts it with EU laws in the area of e-consumer protection. These two laws have been chosen as they are exercised in more than one country and do not develop their own juridical procedures other than the Common law. The overriding objective of this thesis is to examine the extent to which European Union laws are different from legislations that are influenced by certain principles of Sharia. In order to achieve the aforementioned objective, this thesis approached a number of main issues, namely: the effectiveness of EU legislation in protecting and safeguarding e-consumer rights, the efficiency of Sharia law in protecting and safeguarding e-consumer rights, and highlighting the essential differences between EU legislation and Sharia law in protecting and safeguarding e-consumer rights. The significance of this research lies in the fact that it rationalizes the changes and developments that have so far taken place in the two jurisdictions which dominate significant portions of the world and yet arise from completely different origins. The thesis identified certain procedures in the Sharia that secure the interest of consumers. In this regard, the concept of "Khiyar-al-Tadlis" is well-established in Sharia law and cannot be found in EU laws and, as a consequence, is highly recommended for e-consumer protection. Moreover, the choice-of-law conflict creates deficits in legal applications and the availability of security procedures for e-consumers. EU laws are significantly lacking when it comes to protection of online consumers across borders. This thesis focuses, specifically, on the recovery measures that both the EU and the Sharia law provide for e-consumers if they suffer any loss as a result of an online transaction and enable them to gain justified compensation. The study aims to provide policymakers with effective measures for preserving the rights of e-consumers and therefore promote electronic trade across different countries. Finally, this thesis will address the current inefficient aspects of e-consumer protection in both Sharia and EU laws and will attempt to propose a solution under which the rights of all concerned parties can be balanced.
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33

RAVALLI, Rebecca. "Externalities of production in GVCs : an EU consumer perspective." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/73849.

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Defence date: 21 December 2021
Examining Board: Professor Hans – W. Micklitz, European University Institute (Supervisor), Professor Martijn W. Hesselink, European University Institute, Professor Anna Beckers, Maastricht University, Professor Fernanda Nicola, Washington College of Law.
This doctoral dissertation examines the EU consumer perspective on externalities of production in global value chains (GVCs). Whether as part of the discourse on development or global economic governance, externalities of production are a long-standing issue that has been problematised not only by lawyers but also by economists, anthropologists, sociologists and social scientists at large. In the legal field, the analysis has struggled to contextualise consumer law and policy together with the peculiarities of GVCs as a distinct model of business organisation characterised by contractualisation of processes of production. The thesis argues that contractualisation of production establishes a relationship between consumers and processes of production, also in relation to externalities. Such a relation is not mirrored either by the voluntary self-regulation through which enterprises regulate externalities nor by EU consumer law. The present dissertation addresses this matter and argues that EU consumer law limits the involvement of consumers in the process of self-regulation that leading enterprises of GVCs undertake to prevent and/or remedy externalities of production and that results into a unilateral exercise of epistemic authority. The exercise of epistemic authority is favoured by a ‘communication paradigm’ framing EU consumer law, according to which consumer claims’ on sustainability and externalities of production depend on the content of the communication consumers receive prior or via the contract. This paradigm prevents consumers involvement, in all phases of the contractual relationship, in the definition of a legal episteme of sustainability in line with the core constitutional principles and values as enshrined in the EU Treaties and constitutional charters of member states. The final part of the thesis suggests that the limits deriving by the communication paradigm can be overcome by the CJEU that, by relying on the principle of effectiveness can integrate the communication paradigm with a consumer perspective on externalities of production in the post-contractual phase.
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34

Chilumpha, Cassim H. "The consumer and fair exchange : a theoretical appraisal of the Malawi Hire-Purchase Act." Thesis, University of Hull, 1986. http://hydra.hull.ac.uk/resources/hull:11275.

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Unfair exchange is a problem which the consumer who acquires goods under credit agreement may face. The goods may be misdescribed by the supplier or he may charge an excessive rate of interest for the credit allowance made to the consumer or the supplier may insert into the credit agreement provisions which protect him at the expense of the consumer or the supplier may over-secure his interest under the agreement. The principal law which governs credit agreements in Malawi is the Hire-Purchase Act. This Act provides the basic content and form of a credit agreement and prohibits the supplier to insert certain clauses in the agreement and to engage in certain forms of conduct in relation to the agreement. This thesis analyses the Act and argues that although it seeks to ensure that the consumer gets a fair exchange from the agreement, it has a number of weaknesses which undermine achievement of that objective. First, statements made about goods and credit supplied under the agreement, the quality of those goods and sane types of security agreement which may be made in respect of the credit agreement are left to be regulated by other sources of law which are not primarily concerned with consumer protection. Secondly, the form of control created by the Act does not seem to be based on a clear and consistent policy. And third, enforcement of the Act is left to the parties to the credit agreement. The thesis is divided into nine chapters. Chapter 1 is the introduction which outlines issues dealt with in the thesis. The second chapter examines bases upon which common law controls unfair contracts and unfair contract provisions. Chapter three discusses the law which governs the quality of goods supplied under a credit agreement. Chapter 4 looks at provisions of the Hire-Purchase Act which govern credit. The fifth chapter deals with the law relating to security agreements which may be made in respect of credit agreements. Chapter G analyses all the regulatory provisions of the Hire-Purchase Act. Chapters seven and eight explore the possibility of public control of unfair exchange in these agreements. The former discusses how criminal sanctions could be used to re-enforce compliance with standards created by the Act while the latter shows that the whole regime could be made more effective by the introduction of a system of registration of traders who supply goods on credit. Chapter nine sums up all the findings of the thesis.
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Falkesjö, Lovisa. "Protecting the consumer? : an outlook on the "more economic approach" and the goals of EU competition law." Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-142777.

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36

Spooner, J. T. "Personal insolvency law in the modern consumer credit society : English and comparative perspectives." Thesis, University College London (University of London), 2014. http://discovery.ucl.ac.uk/1419270/.

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My project considers the extent to which personal insolvency law has evolved, and should evolve, to meet the conditions of the modern consumer credit society. I illustrate how unprecedented household borrowing has become essential to sustaining macro-economic growth and household living standards, and present economic theories explaining this development, as well as the legal/regulatory norms which facilitated it. Exploring insolvency law theory (particularly ideas from law and economics), I then contrast the law’s traditional debt collection objective with the more recently developed fresh start policy in arguing that the circumstances of modern consumer over-indebtedness require a re-orientation of the law to prioritise its debt relief objective. I explore next factors influencing the development of consumer insolvency law. I contrast the laws of England and Wales, Ireland, France and Belgium, highlighting the extent to which each law is oriented towards the goals of debt collection or debt relief. Using empirical data to question theories which attribute such differences to contrasting legal traditions, social welfare systems or cultural values, I argue that political factors such as interest group influence and shifting policy salience have been more influential in shaping laws, and may occasionally impede the advancement of the fresh start policy. Next I evaluate the extent to which the realities of consumer over-indebtedness and the fresh start policy have been accepted by English policymakers, administrators and courts. My case studies focus on the conditions for access, scope of debt relief, and sanctions for culpable debtors under English personal insolvency procedures. I argue that in certain aspects English law has not departed sufficiently from its origins in commercial law and its traditional role as a debt collection mechanism. I propose reforms which would allow the law to reflect better its transformation into a de facto consumer law and its need to embrace more comprehensively the fresh start policy.
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37

Van, der Linde Sunel. "Product liability : the common law and the Consumer Protection Act 68 of 2008." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/65735.

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The main purpose of this dissertation is to discuss the influence of the Consumer Protection Act 68 of 2008 (“CPA” or “the Act”) on product liability in South Africa whilst taking into account the common law position which finds application in situations where the CPA does not apply. Under the South African common law, the only recourse available to consumers who suffer harm or sustain an injury as a result of a defective product, is a claim under the law of contract or the law of delict. Claims under both the law of contract and law of delict unfortunately have its shortcomings, most notably the consumer under the law of contract has to prove that a breach of warranty occurred and that a contractual nexus existed between the parties. Whereas under the law of delict the consumer is required to prove fault on the part of the supplier of the defective goods, which in most cases proved to be a difficult or impossible task and as a result the consumer is left without any effective recourse. The court in Wagener v Pharmacare was also not prepared to impose strict product liability on the producer but left it to the legislature to do so. The legislature answered the call with the enactment of section 61 of the CPA, which has introduced a so-called strict product liability regime for harm caused by defective goods. Section 61 of the CPA states that the producer or importer, distributor or retailer of any goods is liable for any harm caused wholly or as a consequence of supplying any unsafe goods a product failure defect or hazard in any goods or the inadequate instructions or warning provided to the consumer pertaining to any hazard arising from or associated with the use of any goodsirrespective of whether the harm resulted from any negligence on the part of the producer, importer, distributor or retailer, as the case may be. Many academics have applauded the CPA in this respect. However, the defences available to a supplier in terms of the CPA have led to some criticism. Section 2(2) of the CPA also provides that foreign and international law may be incorporated when interpreting and applying the CPA and as section 61 of the CPA shares similarities with the European Directive on Product Liability of 1985 (“EU Directive”), it is accordingly useful to consider the application and interpretation thereof. The final conclusion drawn from this dissertation, is that the CPA makes provision for a modified strict product liability regime and could in more than one instance be regarded as defective in itself. It is however contented that the CPA is a step in the right direction and future interpretations by our courts of section 61 are welcomed.
Mini Dissertation (LLM)--University of Pretoria, 2017.
Mercantile Law
LLM
Unrestricted
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38

Alabdulqader, Latifah Abdulmohshen. "Contractual justice under English and Shariah law of contract : the case of consumer protection." Thesis, Brunel University, 2018. http://bura.brunel.ac.uk/handle/2438/15941.

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The modern role of the law of contract imposes a duty on the state to regulate the way individuals treat each other in the marketplace as part of fulfilling its social role. This thesis investigates the situation of contractual justice under Shariah and English law. It tests the extent to which contractual justice is protected under Shariah and English laws of contract. It indicates that the English law of contract is focused on the absolute sanctity of contract (in its classical form) and economic efficiency (in its modern form). On the other hand, the Shariah law of contract is governed by the general principle that gain comes only from labour and stresses the importance of the equivalence of counter-values. It reveals that while contractual justice under the English law of contract is procedurally oriented, it is substantively oriented under the Shariah law of contract. Additionally, the thesis also discusses the role of the law of consumer protection in pursuing contractual justice. While the consumer is protected under the English law by legislative control, the Shariah law of contract, which was the product of the seventh and eighth centuries, does not recognise the concept of the consumer. One would accordingly question the legitimacy of the action of protecting consumers in those states (take for example Saudi Arabia) that adopt Shariah as the law of the state. Most of the states, which adopt Shariah either alongside other normative systems or as the entire code, grant some kind of consumer protection measures within the law of contract. The thesis attempts to fill this gap by testing the viability of consumer protection derived from the Shariah law of contract. In doing so, attention is paid to the theoretical and practical aspects of the law. It is revealed that the Shariah law of contract is fit both from a theoretical and a practical perspective to serve the aims of consumer protection. The outcomes of the research should guide and enhance the legitimacy of consumer protection measures in Shariah-ruled countries.
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39

Klausner, Eduardo Antônio. "Para uma teoria do direito internacional do consumidor: a proteção do consumidor no livre comércio internacional." Universidade do Estado do Rio de Janeiro, 2010. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=2401.

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O consumidor é o agente vulnerável na relação de consumo internacional. O processo de globalização se apresenta, para o consumidor, como uma globalização do consumo. A globalização do consumo se caracteriza pelo comércio e fornecimento internacional de produtos e serviços por empresários/fornecedores transnacionais/globais, utilizando marcas de renome mundial, acessíveis a todos os consumidores do planeta, e agrava a vulnerabilidade do consumidor no mercado. A proteção jurídica do consumidor internacional é uma necessidade que os sistemas jurídicos nacionais não se mostram aptos a prover adequadamente, assim como o Direito Internacional também não. A presente tese demonstra a deficiência da Ciência do Direito na proteção do consumidor no contexto da globalização; demonstra como o próprio comércio internacional é prejudicado ao não priorizar de maneira absoluta e efetiva a proteção do consumidor na OMC, bem como ao mostrar-se apático diante dos diferentes níveis de proteção proporcionada aos consumidores em cada diferente sistema jurídico nacional; demonstra, também, como a proteção do consumidor de maneira uniforme e global por um direito comum aos Estados é possível e será capaz de tornar mais eficiente economicamente o processo de globalização do consumo, ao encorajar a participação mais intensa do consumidor no mercado internacional; e propõe a construção de um novo ramo do Direito dedicado ao problema, o Direito Internacional do Consumidor (DIC), por meio da elaboração de uma Teoria do Direito Internacional do Consumidor. O Direito Internacional do Consumidor pretende ser um direito comum e universal de proteção ao consumidor, fundado em métodos, conceitos, institutos, normas e princípios jurídicos universais. O DIC dialogará com outros ramos do Direito Público e Privado, especialmente o Direito Internacional Econômico, o Direito Internacional do Comércio, o Direito Internacional Privado, o Direito Processual Civil Internacional, e o Direito do Consumidor. Pretende-se com isto atender ao ideal de promover o livre comércio internacional com respeito aos Direitos Humanos.
The consumer is the weak party in the cross-border consumer relation. The globalization process presents itself for the consumer as a globalization of consumers relations. The globalization of consumers relations is defined by international commerce and supply of products and services by transnational/global entrepreneurs/ suppliers, using global renowned brands names, available for all consumers of the planet, aggravating the consumers vulnerability in the market. The juridical international consumers protection is a necessity that has not been properly dealt with neither by the national legal systems nor by International Law. The present thesis shows the deficiency of Juridical Science to consumers protection in a globalization context; it shows how international commerce suffers harms when it does not prioritize the consumers protection in WTO, and when it has no reaction against different consumers protections levels by the distinct national legislation; it also shows, how consumers protection by a global and uniform law for all States is possible and can be more economically efficient for the process of globalization of consumers relations, because it encourages a intensive consumer participation in the international market; and proposes to build a new branch of law dedicated to the problem, the International Consumer Law (ICL), by a Theory of International Consumer Law. The International Consumer Law intends to be a general and universal law about consumers protection, based on universal methods, concepts, institutes, rules and principles. The ICL is going to dialogue with others branches of law, specially with International Economic Law, Global Trade Law, Private International Law (Conflict of Laws), Transnational Litigation Law, Consumer Protection Law and Products Liability Law. The intention of this thesis is to deal with the ideal of promoting free international trade taking into account respect for humans rights.
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40

Favreau, Marie-Diane Lucie. "The pre-shrinking of psychiatry : sociological insights on the psychiatric consumer/survivor movement (1970-1992) /." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC IP addresses, 1999. http://wwwlib.umi.com/cr/ucsd/fullcit?p9935449.

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41

Jones, Pamela Blythe. "Knowledge of consumer rights and unfair and deceptive practices: a comparison of older and younger consumers." Thesis, Virginia Tech, 1990. http://hdl.handle.net/10919/41486.

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The problem of this study was to measure older and younger consumers' knowledge or awareness of selected consumer rights and legal protections, and their perceptions of and experience with unfair and deceptive business practices. A 34-item instrument was developed and administered by telephone to a random sample of 1,305 consumers nationwide. The data were examined by analysis of frequencies, Chi-square, and analysis of variance. The findings revealed (p<.01) that consumer knowledge was related to the age and marital status of the respondent. Married consumers and consumers aged 25-49 were the most knowledgeable about the eight consumer laws and legal protections.

Consumer experiences with unfair and deceptive business practices were related to age, marital status, and gender. Younger, married, and female consumers had experienced three or more of the unfair and deceptive business practices. Married consumers and consumers aged 25-74 are more perceptive than consumers aged 75 and over in correctly identifying a business practice as unfair or illegal. The gender of the respondent does not always influence their perceptions of whether or not a particular business practice is fair.

Significant differences existed between the knowledge score means and the age and marital status of the respondent. Significant differences existed between the experience score means and the age, marital status, and gender of the respondent.
Master of Science

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42

吳承翰. "Advertising marketing and Civil liability—Focusing on Civil Law , Consumer Protection Law and Financial Consumer Protection Law." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/2cqd38.

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43

Yu, Tseng Pei, and 曾佩萸. "Administrative Investigation Powers Of the Consumer Under the Consumer Protection Law - Section 33 Of the Consumer Protection Law." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/khugnw.

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碩士
東吳大學
法律學系
101
This paper focuses on the consumer protection authority in accordance with consumer protection laws adopted in the exercise of administrative investigation scope, as a result of its judgment, the Court interpreted according to the executive authority to exercise its administrative investigation narrows or explanation, it is inevitable relegation judge sentenced to over-reliance on enforcement rather literal explanation or flow in the evaluation of evidence, such faith and for the interests of the people affected and most huge. Therefore, by this study is in response to a great variety of electronic forms of Internet trading to further establish "Consumer Protection Act Section 33" of the right to an administrative investigation of the actual scope, approach. First, brief introduction in the Chapter 1 with the background, motivation and purpose, and introduce scope and methodology of this study. The Chapter 2 is by reference to the foreign countries in which the executive branch of the exercise of administrative investigation powers, legal system based on the principle of proportionality should be in compliance with the law and subject to the norms of the legal principles and limitations of administrative authority to establish an administrative act its legitimate and appropriate. The Chapter 3 is illustrated in the various constitutional facts of life for the people has its scope of protection of fundamental rights, while out in the Constitution delineated the scope of protection, the people can be excluded from state intervention behavior, so the executive authorities engaged in a variety of administrative acts , made a variety of administrative decision, both must have the legality as a basis. In the Chapter 4, exploring administrative organs based on the protection of consumers, so for all types of consumer disputes, in order to clarify the facts and responsibilities will be carried out when a substantial degree of administrative investigation, but if any of the judicial powers interfere in compliance with administrative powers to protect the interests of consumers . Chapter 5 is illustrated by people genuinely have no interest on the administrative investigation, which is usually a pipe which seek relief. Chapter 6 was this conclusion.
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44

CHEN, YA-HUI, and 陳雅慧. "A Study of Consumer Litigation in Consumer Protection Law." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/45kz38.

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碩士
中原大學
財經法律研究所
106
At the beginning of the Code of Civil Procedure was first legislated, the procedural subjects were presupposed by one-on-one parties. However, as time goes on and technology continues to evolve, modern types of disputes with the trait of multiple victims, so disputes that involve multiple parties’ are becoming more frequent. Changes in litigation patterns reflect deficiencies in Taiwan’s legislation, and therefore class actions’ amendment to the Code of Civil Procedure and the Consumer Protection Law had been made. The question now is, if the relevant regulations of the Code of Civil Procedure can cope with such disputes, whether there is still a requirement for the existence of regulations about class actions in Consumer Protection Law. In Chapter II, the multiple-party litigation form in the Code of Civil Procedure, such as appointing the representative party and joinder of parties, is introduced. Chapter III introduces consumer litigation in the Consumer Protection Law, beginning with legislation of the Consumer Protection Law, to consumer litigation and designs of consumer litigation in the Consumer Protection Law. Chapter IV, to focus on the content of class actions in the Consumer Protection Law and regulations that are related to class actions in the Securities Investor and Futures Trader Protection Act, then to compare with each other. Eventually, to distinguish between Articles 44-1 to 44-3 of the Code of Civil Procedure and Articles 50, 54, and 53 of the Consumer Protection Law. Chapter V, I comment on famous cases about class actions in practice, namely the collapse of the “doctor’s home” community because the huge 921 earthquake in Taiwan and the plasticizers case about the security of food products, then see problems by class actions are operated practically. Finally, I propose my own opinion and hope to use this paper to introduce and explore this area so that more people can value consumers’ rights. I also hope that the consumer class actions system can be made more comprehensive in the future.
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45

Hsueh, Ya-Chih, and 薛雅之. "The Reseauch of Consumer Protection Law and Civil Law." Thesis, 1995. http://ndltd.ncl.edu.tw/handle/59499748843035375633.

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46

ESPOSITO, Fabrizio. "Law and economics united in diversity : minimalism, fairness, and consumer welfare in EU antitrust and consumer law." Doctoral thesis, 2018. http://hdl.handle.net/1814/58544.

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Defence date: 17 September 2018
Examining Board: Professor Stefan Grundmann, European University Institute (Supervisor); Professor Miguel Poiares Maduro, European University Institute; Professor Daniel Markovits, Yale Law School; Professor Simon Deakin, University of Cambridge
This dissertation proposes a form of collaboration between legal and economic research called Minimalist Law-and-Economics. This approach acknowledges the core commitments of both disciplines and promotes a division of labour based on their comparative advantages. While lawyers expect an analysis that is grounded in legal reasons and respectful of the fairness and wrongfulness theses, economists expect efficient market relations, analysed from an ‘ex-ante’ perspective respectful of epistemological and normative minimalism. The collaboration proposed in this dissertation improves the lawyers’ understanding of market relations and thus enhances their ability to regulate them effectively. Conversely, economists can strengthen the empirical foundations of their research by considering legal reasons as evidence. This is attractive for value choices especially, since their justification is not central to economists’ expertise. To support Minimalist Law-and-Economics, this dissertation warrants three claims: 1) the economic claim holds that consumer welfare is a maxim and used in market efficiency analysis in alternative to total welfare; 2) the translation claim holds that with consumer welfare rather than total welfare as the maxim and, it is possible to offer a plausible economic account of fair market relations; and 3) the doctrinal claim holds that the efficiency hypothesis, which has consumer welfare as maxim and, explains the reasons given in EU antitrust and consumer law better than the traditional efficiency hypothesis based on total welfare. The dissertation is divided into three parts. Part I clarifies the conditions for collaboration considered by Minimalist Law-and-Economics. Part II builds the theory that warrants the economic and translation claims. To do this, it gives an account of market relations that are compatible with the fairness and wrongfulness theses and the ‘ex-ante’ perspective. Part III narrows the focus to EU antitrust and consumer law in order to warrant the doctrinal claim and to show how the analysis of legal reasons can be epistemologically and normatively minimalist. United in diversity, economic and legal research may well have a brighter future.
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47

HSU, YU-SHAN, and 許玉珊. "Defect of Security in Consumer Protection Law." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/46368546941390323061.

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碩士
國立臺灣大學
法律學研究所
95
Defect of security is an important issue. How to explain this concept is also a major question in product liability. Below the second chapter, we introduce three foreign legal system – Directive of EU in 1985, PLA of Germany, and Restatement of torts in U.S. In traditional classification of Germany and U.S.A, defect of security has been separated to three kinds: manufacturing defect, defective in design, defective because of inadequate instructions or warnings. But since the Directive of EU in1985, Product Liability Act of Germany was drew up and promulgated in 1990, which followed the Directive of EU. In this Directive, to explain defective of security has no longer depended on foregoing three sorts, but on the expectation of consumers. In Consumer Protection Law of R.O.C, it also describes defect of security as “doesn’t match contemporary technical and professional standards of the reasonably expected safety”. But scholars think that the expectation of consumers is a vague idea to use, even if to operate together with three standards in The Enforcement Rules of Consumer Protection Law. On the other hand, some scholars still adopt the traditional sorts of defect to explain this concept. In this thesis, we think that classification can’t make clear what’s the safety expectation of consumers, but to confuse the differences between strict liability and negligence liability.
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48

Wang, Anli, and 王安利. "Commercial Genetic Testing Related Issues Involving Civil Law and Consumer Protection Law." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/12431307382594260174.

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碩士
東吳大學
法律學系
101
Abstract Advanced genetic technology and science are fast improved in recent years. Utilizing the genetic testing not only diagnose or predict the disease and analyze the risk degree of the genetic disorders, but also offer the life guidance to those who receive genetic testing promptly, and encourage them to deal with their health in positive manner. A large number of commercial companies provide genetic testing services to the public nowadays. The commercial genetic testing services directly accessed by the general public through non-medical channels are collectively known as the direct-to-consumer genetic testing. This thesis will examine the legal disputes of commercial genetic testing,the legislative perspective concluded both views of Civil Law and Consumer Protection Law. Finally, we will try to seek out the remedies for those who receive genetic testing to strike the balance between protecting the public interests and developing the innovative business. Chapter 1 ：the motives and the purposes of the thesis are described in the beginning of the research. And it also defines the scope, method and the framework of the research. Chapter 2 gives an overview to commercial genetic testing ,including definitions,characters,types,and so on. Chapter3 involves study of the contracts resulting from commercial genetic testing. Under the framework of the existing Civil Law, Consumer Protection Law, this sector carried out an exploration into legal troubles triggered by commercial genetic testing. Chapter4 will examine the liability in torts for commercial companies.The core factor of civil liability is liability for damage.In the structure of our civil Law, liability for damage mainly includes tortious liability and non-performance of obligation liability.Therefore, this chapter will discuss ordinary tort as well as special tort(§191-1 in civil law) in tort liability. Chapter5 involves the Analyses of Product Liability and Service Liability in Consumer Protection Law. Consumer Protection Law regulates both services and products share the equal liability, this chapter shall bring to the further discussion. Chapter 6：Conclusion and Suggestion. The final chapter summarizes the issues described in this thesis. And some suggestions are also be made for the advices to the and.
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49

Yang, Hsu-Yun, and 楊絮雲. "Consumer Protection Law judgment ofthe civil service dispute." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/14258203021611077306.

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碩士
國立臺灣大學
國家發展研究所
98
Consumer Protection Law is not for the "consumer", "service" be defined, addressed the court in civil proceedings on the claim of the plaintiff often encounter consumer service behavior, whether it is regulated by the Consumer Protection Law "service" category? And whether the Department of plaintiff for the purpose of consumption the person receiving services? Or is the third person? Whether the service does not have the security can reasonably be expected, resulting in damage to the plaintiff? With the rapid rotation of the other community, business services programs provide dazzling, ever-changing business operators in the point of negative liability without fault, what should be hatched? Practice in the courts, also slowed by controversy. This thesis presents the dispute before the opening of consumer services to be summarized in civil judgments, assessment, and put forward the views of the author, to be practical for future trials of cases on the same or similar reference.
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50

Lin, Chia-Sheng, and 林嘉盛. "Liability of Building Products in Consumer Protection Law." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/27713864460979514608.

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碩士
國立成功大學
法律學研究所
95
Consumer protection law has been implemented since January 13th, 1994; meanwhile, its enforcement rules is also effective formally on October 20th of the same year. The law itself has not only induced a great change to real estate trade market but also made some remarkable standards for the market which used to intensively exist a great deal of disputes for decades. The law is also an issue to the public because it defines that building product as one of the objectives of restraint by law and this causes multitudinous reviews and countless comments especially. Merely few of judicial cases with regard to building product disputes were applicable to the law from the very beginning, the enterprises and consumers were complied with most of the rules and its regulations. Only after the heavy earthquake of 921 in 1999, a lot of buildings were serious damaged or collapsed and even caused many injured or dead because of defects of building design or recklessness of constructions. The courts gave different results and evaluations for each case on account of the will of consumer protection law though it may stipulate no relevant regulations to real estate products. As different judgments induce discrepancies among the courts easily and are so much harmful to judicial trust around people, this thesis would like to offer some opinions and references to courts by means of collection and analysis of cases all over the world. Furthermore, considering the distinctness of real estate, we believe that special regulations stipulated into consumer protection law is necessary as they are definitely good for eliminating those discrepancies mentioned above.
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