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1
Chovancová, Katarína. "Consumer Arbitration and Subtle Variances in its Effectiveness in Selected EU Member States (Czech Republic, Slovakia, Austria, Germany)." Review of Central and East European Law 43, no. 2 (May 31, 2018): 197–231. http://dx.doi.org/10.1163/15730352-04302004.
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Thorough legal regulation of arbitration involving consumers is significant for their protection, which is provided in the EU by the restrictive model, embedded in Council Directive 93/13/EEC on Unfair Terms in Consumer Contracts. It is submitted that EU Member States’ legislative reaction to achieve compatibility of their national laws with Directive 93/13 EEC was not identical and led to a debate on the effectiveness of consumer arbitration in the EU. The following article is an attempt to inform this debate. It provides a compact analysis of consumer arbitration agreements and discusses relevant arbitration law and practice in the Czech Republic, Slovakia, Austria and Germany – four EU Member States and also neighbors with intertwined mutual relationships. The thesis of this article is that even the most consumer-friendly legislation does not secure the success of consumer arbitration in all arbitrated cases. Equally, strongly pro-consumer legislation does not always mean arbitration-friendly legislation when legislative assimilation of litigation with arbitration is not avoided – indeed, quite the opposite.
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Palm, M. "The revised German Radiation Protection Ordinance." Kerntechnik 67, no. 1 (January 1, 2002): 8–12. http://dx.doi.org/10.1515/kern-2002-0004.
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Abstract Since August 2001, German radiation protection law is governed by a new Radiation Protection Ordinance, implementing two new Euratom Directives and taking into account new scientific developments, which provides a comprehensive basis for the protection of man and the environment. The Ordinance has been completely re-structured; however, it is still a very complex piece of legislation comprising 118 provisions and 14 annexes, some of them highly technical. Reduced dose limits for occupationally exposed persons and members of the public, a detailed provision on clearance of radioactive substances, a new part aiming at the protection of man and the environment against ionising radiation emanating from natural sources, and regulations dealing with the protection of consumers in connection with the addition of radioactive substances to consumer goods are some of the centre pieces of the new legislation which shall contribute significantly to the further prevention or at least minimisation of the adverse effects of radiation exposure.
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Mohd Zakuan, Zeti Zuryani, and Rahmah Ismail. "ILLEGAL MEDICAL PRODUCT AND CONSUMER PROTECTION IN MALAYSIA." International Journal of Law, Government and Communication 6, no. 25 (September 1, 2021): 01–08. http://dx.doi.org/10.35631//ijlgc.625001.
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The demand for medical products increases dramatically due to the outbreak of the COVID-19 pandemic. In this instance, unscrupulous traders are seen to be taking advantage of the situation by selling illegal medical products. These illegal products can be toxic and pose a severe health risk to consumers, as they may include the wrong ingredients, ineffective ingredients, or no active ingredients. One of the factors identified in the increase in the sale of illegal medical products is the ineffectiveness of the existing law to act as a deterrent. Growth in the activity is because the profits gained from selling the products are much higher than the fine imposed. By adopting doctrinal research and using content analysis methods, the article aims to identify the protection conferred to consumers concerning illegal medical products under the existing law. The article further examined the liability imposed on the manufacturer for a defective product which resulted in consumer suffers injury. It is submitted that the primary legislation, which is the Consumer Protection Act 1999, is ineffective in protecting consumers concerning illegal medical products. Thus, reference is made to the German Medicinal Product Act, which provides for liability of the manufacturer for the medicinal products.
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Mendzhul, M. "Freedom of treaty and its limits: compliance of Ukrainian civil legislation with European approaches." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 114–17. http://dx.doi.org/10.24144/2307-3322.2021.69.19.
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The article presents the results of the analysis of the compliance of the civil legislation of Ukraine with the European approaches to guaranteeing the freedom of contract and its restrictions. The normative consolidation of freedom of contract in European countries (France, Germany, Slovakia, Poland, and Romania) has been studied. It was found that in European countries the freedom of contract is limited in order to maintain public order, good morals, protection of certain categories of contractors (consumers). In France, the current version of Article 1102 of the Civil Code stipulates that everyone is free to conclude a contract, choose contractors, determine the content and form of the contract, but within the limits established by law. It is established that in Germany the freedom of contract is limited by the requirements of the law, the prohibition of illegality, immorality, as well as the need to protect consumer rights.
An analysis of Slovakia's civil law found that the expansion of the substantive content of the principle of freedom of contract was influenced by the case law of the Constitutional Court. In Romania, as in Ukraine, a separate article is devoted to the freedom of contract and the disclosure of its content in the Civil Code. The compliance of the Ukrainian legislation on freedom of contract with the DCFR is analyzed.
The position of European scholars on the impact of the principle in dubio pro libertate on contractual freedom and its restrictions, as well as the views of domestic scholars on the principle of freedom of contract.
It is substantiated that in general both scientific positions and legislative provisions of the Central Committee of Ukraine on the formulation of freedom of contract correspond to the European approach to maximum freedom and application of only lawful and proportionate restrictions guaranteeing fairness and non-discrimination, protection of weaker counterparties (consumers) interests. It is proposed to understand the limits of freedom of contract provided by the CC or other act of civil legislation of Ukraine legal, reasonable, fair and proportionate framework that restricts the freedom of action of the parties to the contract to ensure the balance of public and private interests.
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IGNATOVA, Milena. "CRIMINAL LAW POLICY OF THE EU COUNTRIES IN THE FIELD OF COMBATING ENVIRONMENTAL CRIMES." Sociopolitical sciences 10, no. 6 (December 28, 2020): 42–48. http://dx.doi.org/10.33693/2223-0092-2020-10-6-42-48.
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The purpose of this article is to identify the main trends of development of criminal legal policy of EU countries in the field of combating crimes against the environment in the context of growing global environmental crisis and the development of consumer society the example of France, Germany, Spain and Italy, the features of statutory regulation of the characteristics of environmental crimes and prescribe the penalties in the legislation of the countries under consideration. The relevance of the problem under study is due to a significant degree of public danger of environmental crimes, their high latency, and therefore the fight against encroachments on the environment is recognized as one of the priority areas of the criminal policy of the EU countries. Criminal legislation plays a crucial role in the system of legal norms for countering environmental crimes. Conclusions. Despite the legal integration of EU countries in the field of environmental protection and the adoption of the Directive of the European Parliament and of the Council of 19.11.2008, which imposes obligations on member States to introduce certain elements of criminal acts into national legislation, the constitutional and criminal law norms of individual States do not differ in a uniform approach to environmental protection. However, the legislative regulations of the European Parliament have influenced the reform of criminal legislation in a number of countries in the direction of increasing responsibility for environmental crimes and introducing special chapters in the criminal codes that combine criminal acts that infringe on natural objects. The importance of the natural environment, flora and fauna as independent objects of criminal law protection is underestimated, so the severity of criminal repression depends on such a sign as causing harm to human health and life by environmental offenses.
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Shvets, Yu I. "BANKS’ SUPERVISORY BOARDS: COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION OF UKRAINE AND GERMANY." Economics and Law, no. 3 (October 22, 2020): 43–51. http://dx.doi.org/10.15407/econlaw.2020.03.043.
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The article is devoted to a comprehensive study of German legislation regarding the right regulation of the work of supervisory boards of joint stock companies — banks. During the writing of the article, the main legislative acts of Germany, the current version of which was published on the official website of the Federal Ministry of Justice and Consumer Protection (Bundesministeriums der Justiz und für Verbraucherschutz), were studied and analyzed, as well as scientific articles by German scientists and practitioners. Corporate legislation of Germany is compared with the legislation of Ukraine regarding the legal regulation of the activity of banks, which are joint stock companies. It is established that the banking activity should be performed by a legal entity in the form of a joint stock company. The two-tier system of governance with supervisory boards and executive boards, as well as a clear division of powers of management and control between these bodies, must be mandatory for banks. Suggestions were made on the possibility of electing not only shareholders and independent directors, but also other bank stakeholders, to the Supervisory Boards, in particular the election of employees, trade unions and, as a consequence, strengthening the influence of the labor collective on the management of the company. Emphasis is placed on the existence in German corporate law of provisions allowing the election, in certain cases, of members of the supervisory boards in court for the application of the list of persons defined by law. It is concluded that such practice is not practicable in Ukraine at this time due to the lack of speed of court proceedings and the possibility of unfair actions to influence the joint stock company on this basis. It is proposed to provide a mechanism for appealing the decisions of the Supervisory Board by the company Executive Board. The implementation of these innovations could strengthen the system of checks and balances in the management of the bank, namely to ensure mutual control of the supervisory board and the executive board of the bank, as well as to make it impossible (to prevent) the possibility of making decisions that could lead to negative consequences in the activity of the bank. There are a number of other statements and suggestions that can be used in further legislative work to improve the legal regulation of corporate governance in Ukraine.
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Brönneke, Tobias. "Premature Obsolescence: Suggestions for Legislative Counter-measures in German and European Sales & Consumer Law." Journal for European Environmental & Planning Law 14, no. 3-4 (December 6, 2017): 361–72. http://dx.doi.org/10.1163/18760104-01403006.
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Obsolescence – the premature wear and tear of products – is currently a considered topic. There have been a number of recent developments in this area: the European Consumer Organisation (beuc) has recently launched a flagship campaign on durable goods; the European Economic and Social Committee delivered an own-initiative opinion;, the German Environment Protection Agency (uba) has commissioned two comprehensive studies concerning this issue; the European Commission has suggested a Directive on certain areas relating to contracts for online and other distance sales of goods; and, a law providing explicitly for criminal prosecution of planned obsolescence has been recently enacted in France. This article uses the planned evaluation and review of Directive 1999/44/ec as an opportunity to examine what legislative measures could be adopted to counteract premature wear and tear of consumer goods. The author argues for a new system based on existing warranty rights and the norms of the European product legislation, which will generate consumer- and environment-friendly results, whilst also providing flexible measures for the industry.
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Joerges, Christian. "Interactive Adjudication in the Europeanisation Process? A Demanding Perspective and a Modest Example." European Review of Private Law 8, Issue 1 (March 1, 2000): 1–16. http://dx.doi.org/10.54648/264243.
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By way of a brief introduction, this contribution sketches a general theoretical framework for the understanding of the Europeanisation of private law. It refers to analyses of the European Union as a multi-level system of governance, suggesting that the much criticised patchwork character of European private law initiatives reflects the lack of a hierarchical order, and that Europe's legal pluralism will inevitably result in disintegrative effects within formerly national legal systems. Accordingly, it argues that legal scholarship should try to imagine and conceptualise a 'law of Europeanisation' rather then some pan-European system that might be codified or compiled out of Europe's common legal heritage. In view of the non-hierarchical and pluralist character of the EU's politics, it assigns to the European judiciary the primary responsibility for 'supervising' this process, for responding to concerns about practical compatibility and normative coherence, and envisages an interactive adjudication process. The recent Dietzinger judgment of the ECJ is presented with a view to substantiating all of these analytical, normative and institutional suggestions about the Europeanisation process. Unlike most of the many, very critical commentators of this judgment, especially in Germany, the author defends the view that the ECJ should not be criticised for its restrained interpretation of the impact of European consumer protection legislation, and suggests that this judgment should rather be understood as instigating new reflections on normatively doubtful practices within and among Europe's legal systems and allowing for a diversity of approaches to the handling of these issues.
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Determann, Lothar. "Healthy Data Protection." Michigan Technology Law Review, no. 26.2 (2020): 229. http://dx.doi.org/10.36645/mtlr.26.2.healthy.
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Modern medicine is evolving at a tremendous speed. On a daily basis, we learn about new treatments, drugs, medical devices, and diagnoses. Both established technology companies and start-ups focus on health-related products and services in competition with traditional healthcare businesses. Telemedicine and electronic health records have the potential to improve the effectiveness of treatments significantly. Progress in the medical field depends above all on data, specifically health information. Physicians, researchers, and developers need health information to help patients by improving diagnoses, customizing treatments and finding new cures. Yet law and policymakers are currently more focused on the fact that health information can also be used to harm individuals. Even after the outbreak of the COVID-19 pandemic (which occurred after the manuscript for this article was largely finalized), the California Attorney General Becera made a point of announcing that he will not delay enforcement of the California Consumer Privacy Act (“CCPA”), which his office estimated imposes a $55 billion cost (approximately 1.8% of California Gross State Product) for initial compliance, not including costs of ongoing compliance, responses to data subject requests, and litigation. Risks resulting from health information processing are very real. Contact tracing and quarantines in response to SARS, MERS, and COVID-19 outbreaks curb civil liberties with similar effects to law enforcement investigations, arrests, and imprisonment. Even outside the unusual circumstances of a global pandemic, employers or insurance companies may disfavor individuals with pre-existing health conditions in connections with job offers and promotions as well as coverage and eligibility decisions. Some diseases carry a negative stigma in social circumstances. To reduce the risks of such harms and protect individual dignity, governments around the world regulate the collection, use, and sharing of health information with ever-stricter laws. European countries have generally prohibited the processing of personal data, subject to limited exceptions, for which companies have to identify and then document or apply. The General Data Protection Regulation (“GDPR”) that took effect in 2018 confirms and amplifies a rigid regulatory regime that was first introduced in the German State Hessen in 1970 and demands that organizations minimize the amount of data they collect, use, share, and retain. Healthcare and healthtech organizations have struggled to comply with this regime and have found EU data protection laws fundamentally hostile to data-driven progress in medicine. The United States, on the other hand, has traditionally relied on sector- and harm-specific laws to protect privacy, including data privacy and security rules under the federal Health Insurance Portability and Accountability Act (“HIPAA”) and numerous state laws including the Confidentiality of Medical Information Act (“CMIA”) in California, which specifically address the collection and use of health information. So long as organizations observe the specific restrictions and prohibitions in sector-specific privacy laws, they may collect, use, and share health information. As a default rule in the United States, businesses are generally permitted to process personal information, including health information. Yet, recently, extremely broad and complex privacy laws have been proposed or enacted in some states, including the California Consumer Privacy Act of 2018 (“CCPA”), which have a potential to render compliance with data privacy laws impractical for most businesses, including those in the healthcare and healthtech sectors. Meanwhile, the People’s Republic of China is encouraging and incentivizing data-driven research and development by Chinese companies, including in the healthcare sector. Data-related legislation is focused on cybersecurity and securing access to data for Chinese government agencies and much less on individual privacy interests. In Europe and the United States, the political pendulum has swung too far in the direction of ever more rigid data regulation and privacy laws, at the expense of potential benefits through medical progress. This is literally unhealthy. Governments, businesses, and other organizations need to collect, use and share more personal health information, not less. The potential benefits of health data processing far outweigh privacy risks, which can be better tackled by harm-specific laws. If discrimination by employers and insurance companies is a concern, then lawmakers and law enforcement agencies need to focus on anti-discrimination rules for employers and insurance companies - not prohibit or restrict the processing of personal data, which does not per se harm anyone. The notion of only allowing data processing under specific conditions leads to a significant hindrance of medical progress by slowing down treatments, referrals, research, and development. It also prevents the use of medical data as a tool for averting dangers for the public good. Data “anonymization” and requirements for specific consent based on overly detailed privacy notices do not protect patient privacy effectively and unnecessarily complicate the processing of health data for medical purposes. Property rights to personal data offer no solutions. Even if individuals - not companies creating databases - were granted property rights to their own data originally, this would not ultimately benefit individuals. Given that transfer and exclusion rights are at the core of property regimes, data property rights would threaten information freedom and privacy alike: after an individual sells her data, the buyer and new owner could exercise his data property rights to enjoin her and her friends and family from continued use of her personal data. Physicians, researchers, and developers would not benefit either; they would have to deal with property rights in addition to privacy and medical confidentiality requirements. Instead of overregulating data processing or creating new property rights in data, lawmakers should require and incentivize organizations to earn and maintain the trust of patients and other data subjects and penalize organizations that use data in specifically prohibited ways to harm individuals. Electronic health records, improved notice and consent mechanisms, and clear legal frameworks will promote medical progress, reduce risks of human error, lower costs, and make data processing and sharing more reliable. We need fewer laws like the GDPR or the CCPA that discourage organizations from collecting, using, retaining, and sharing personal information. Physicians, researchers, developers, drug companies, medical device manufacturers and governments urgently need better and increased access to personal health information. The future of medicine offers enormous opportunities. It depends on trust and healthy data protection. Some degree of data regulation is necessary, but the dose makes the poison. Laws that require or intend to promote the minimization of data collection, use, and sharing may end up killing more patients than hospital germs. In this article, I promote a view that is decidedly different from that supported by the vast majority of privacy scholars, politicians, the media, and the broader zeitgeist in Europe and the United States. I am arguing for a healthier balance between data access and data protection needs in the interest of patients’ health and privacy. I strive to identify ways to protect health data privacy without excessively hindering healthcare and medical progress. After an introduction (I), I examine current approaches to data protection regulation, privacy law, and the protection of patient confidentiality (II), risks associated with the processing of health data (III), needs to protect patient confidence (IV), risks for healthcare and medical progress (V), and possible solutions (VI). I conclude with an outlook and call for healthier approaches to data protection (VII).
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Jurčová, Monika, and Kristián Csach. "Unfair Contract Terms Protection in Slovakia." osteuropa recht 66, no. 1 (2020): 163–81. http://dx.doi.org/10.5771/0030-6444-2020-1-163.
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The unfair contract terms protection in Slovakia is currently regulated by a system of rules in the Slovak Civil Code; the path to the current extent of consumer protection has not been very straightforward. This article analyses the legislative framework on unfair terms, and questions of law enforcement. It further outlines selected issues and empirical evidence in the context of “surprising contract terms,” transparency of a contract term, legislative power of the judiciary, it discusses the controversial of the German approach to resolve conflicts revolving around unfair clauses. The article concludes that the current Slovak regulation of unfair terms in consumer contracts seems to fulfil the requirements set by the UCTD; however, all in all, Slovakia’s national regulation remains fragmented in the Civil Code, the Act on Consumer Protection and special sectoral regulation and supplemented by special procedural regulation.
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Pokrzywniak, Jakub. "Consumer protection under Polish private law." Pravovedenie 65, no. 2 (2021): 236–47. http://dx.doi.org/10.21638/spbu25.2021.207.
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This article discusses the provisions of Polish private law that grants protection to consumers. Particular attention is paid to contract law, but the impact of public law regulations for the provisions of civil law is also taken into consideration. The author presents a number of legal instruments used by Polish law in order to protect consumers in their dealings with merchants and analyzes the main features of consumer protection law in Poland. The influence of European legislation on Polish regulations is also discussed. It goes without saying that Polish consumer protection legislation has to be in line with EU directives. As is known, the protection of consumers plays an important role in EU legislation. The Polish lawmaker has the duty to implement European directives properly and timely into national law. Many Polish regulations regarding consumer protection seem to be a certain kind of translation of European directives. This is the simplest but probably the riskiest method of transposing EU law because it may lead to inconsistencies with national regulations. Although sometimes it seems to be forced by a tight timeline. At the same time, the general competence of the European Union for enacting consumer protection law as a part of civil law is lacking. This is due to the fact that the six founding Member States of the European Economic Union deemed law of contracts as part of the European Treaties to be redundant, since the legal systems of the states — founders of the Union, all based on Roman Law, should already provide a mutual understanding. It is obvious that the consumer needs protection in his/her dealings with merchants as he/she is a weaker party to the transaction. This weakness stems mainly from a lack of information and poor bargaining power. The consumer will never be a real partner in negotiations with a bank, a utility company or an airline.
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Schönbohm, Julia, and Natalie Ackermann-Blome. "Products, Patents, Proportionality – How German Patent Law Responds to 21st Century Challenges." GRUR International 69, no. 6 (May 23, 2020): 578–84. http://dx.doi.org/10.1093/grurint/ikaa071.
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Abstract German patent law faces challenges in trying to accommodate a changing technological and economic reality. As a result, recent legislative initiatives have been dominated by discussions about adjusting the German Patent Act, especially with regard to the claim for an injunction. This article gives a brief overview of these new challenges as well as the legal background of injunctions in German patent law and the underlying case law. It also evaluates the proposed amendment of the provision on injunctions in the discussion draft of the Federal Ministry of Justice and Consumer Protection (BMJV) on the modernisation of patent law of 14 January 2020.
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Akhtar, Zia. "Food Labelling, Unfair Contracts and Consumer Protection." European Business Law Review 24, Issue 5 (October 1, 2013): 679–90. http://dx.doi.org/10.54648/eulr2013033.
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The EU has approved Regulation 1169/2011 that sets out mandatory labeling for foods and for alcoholic beverages. This law has augmented previous legislation and also prescribed country of origin labeling as compulsory. The UK government has refused to implement this legislation when it becomes effective in 2015 and instead opted for optional traffic signposting for food products to provide the farmers and retailers extra protection in devising their own alternatives to compulsory labeling. There is a heavy onus on the food sellers to adhere to the plank of legislation that protects the consumer from unfair practices. The European Parliament's recommendations that impacts on the food market is to augment its regulation by forming a new task force to monitor the food and retail sector in terms of compliance with the fair trade practices. There is an increasing focus on the food sector in the EU and there are efforts to streamline the diversity of national laws for the upcoming Single Market Act II that will be promulgated in 2015 to align the commercial outlets to harmonise into one framework of rules in governing the protection of the consumer.
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Scholes, Annette Nordhausen. "Behavioural Economics and the Autonomous Consumer." Cambridge Yearbook of European Legal Studies 14 (2012): 297–324. http://dx.doi.org/10.5235/152888712805580507.
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AbstractThis chapter takes as its starting point the ‘information approach’ which is the basis of current EU consumer protection legislation. It argues that the findings of behavioural economics suggest that the ‘information approach’ does not in practice achieve the protection of the consumer which it is trying to achieve. Insights and techniques gained from behavioural economics can be used as the basis for more effective consumer protection legislation, while at the same time respecting the principle of consumer autonomy which is the fundamental (though sometimes unstated) principle of EU internal market law.
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Ernst, Wolfgang. "New Rules of Breach of Contract in Germany." Cambridge Yearbook of European Legal Studies 5 (2003): 333–56. http://dx.doi.org/10.5235/152888712802784243.
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In 2001 the German legislator passed a law for the ‘Modernisation of the Law of Obligations’ (Schuldrechtsmodernisierungsgesetz—SMG). It encompassed new rules on breach of contract, a wholly new law of limitation of actions and new provisions for contracts of sale, contracts for services and loan. By the same Act the existing statute on standard contracts (Gesetz über Allgemeine Geschäftsbedingungen) and various other statutes for the protection of consumers were integrated into the German Civil Code (Bürgerliches Gesetzbuch—BGB). It was the most extensive amendment of the BGB since its enactment in 1900. Many of the legislative measures bundled together in the SMG had an EC-law background. We shall here consider only one aspect of the reform statute, namely the new rules on breach of contract and their relationship with European law.
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Ernst, Wolfgang. "New Rules of Breach of Contract in Germany." Cambridge Yearbook of European Legal Studies 5 (2003): 333–56. http://dx.doi.org/10.1017/s1528887000004389.
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In 2001 the German legislator passed a law for the ‘Modernisation of the Law of Obligations’ (Schuldrechtsmodernisierungsgesetz—SMG). It encompassed new rules on breach of contract, a wholly new law of limitation of actions and new provisions for contracts of sale, contracts for services and loan. By the same Act the existing statute on standard contracts (Gesetz über Allgemeine Geschäftsbedingungen) and various other statutes for the protection of consumers were integrated into the German Civil Code (Bürgerliches Gesetzbuch—BGB). It was the most extensive amendment of the BGB since its enactment in 1900. Many of the legislative measures bundled together in the SMG had an EC-law background. We shall here consider only one aspect of the reform statute, namely the new rules on breach of contract and their relationship with European law.
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Okechukwu Ukwueze, Festus, and Justin Ibegbulem. "DECONSTRUCTING NIGERIA’S DATA PROTECTION REGIME FROM CONSUMER PROTECTION PERSPECTIVE." Law, State and Telecommunications Review 13, no. 1 (May 26, 2021): 94–118. http://dx.doi.org/10.26512/lstr.v13i1.31850.
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Purpose – The purpose of this paper is to make a case for the recognition of privacy and personal data protection as species of consumer rights in Nigeria in line with the revised United Nations Guidelines for Consumer Protection (UNGCP) by amending existing laws or enacting a new law to provide for personal data protection regime for consumers. Methodology/Approach/Design – The study follows a structured review of relevant extant legislation on consumer protection and personal data protection, namely the Federal Competition and Consumer Protection Act 2018 (FCCPA) and the Nigeria Data Protection Regulation 2019 (NDPR). Findings – The paper identifies that the provisions of Nigeria’s foremost consumer protection legislation, FCCPA, does cover electronic commerce (e-commerce) or consumer privacy and personal data protection while the NDPR, subsidiary legislation on personal data protection, which is yet to be effectively implemented is too general as to provide the consumers the much-needed privacy protection in their dealings with businesses. Practical Implications–Given the importance Recognition of data privacy and personal data protection as a species of consumer rights helps in understanding consumer protection in online transactions and opens opportunities for future research on consumer privacy and data protection. Originality/Value – Given the importance attached to the protection of consumer privacy and the various ramifications of transactions involving exposure of consumers’ personal data, recognition of privacy consumers’ rights to privacy is vital in consolidating knowledge of consumer rights and identifying paths for future research.
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Kleinschmidt, Christian. "Comparative Consumer Product Testing in Germany." Business History Review 84, no. 1 (2010): 105–24. http://dx.doi.org/10.1017/s0007680500001264.
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The introduction of comparative product testing in Germany reflected the rise of a mass consumer society within a rapidly changing market economy. The first proposal to establish a federally supported institute for product testing was made in 1957. Proponents wished to reduce the asymmetries of power and information between producers and consumers. Producers' initial opposition was overcome once federal legislation was passed and they recognized that the institute's work gave them an opportunity to use the test results in their corporate marketing and advertising strategies. By integrating state-regulated consumer protection into the social-market economy, the Stiftung Warentest, Germany's independent product-testing foundation, became an expression of both the emerging modern consumer society and the German corporatist model.
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Kashkarov, A. A., and A. A. Kashkarov. "CRIMINAL LAW PROTECTION OF THE STOCK MARKET IN THE STATES OF THE EUROPEAN UNION." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 2 (2022): 147–51. http://dx.doi.org/10.37279/2413-1733-2021-7-2-147-151.
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The scientific publication examines the mechanisms of criminal law protection of the securities market in such states as: the Federal Republic of Germany (hereinafter referred to as Germany or the FRG) and the French Republic (hereinafter referred to as France). The publication substantiates why the legislation of France and Germany is taken as the basis for the scientific analysis of the criminal law protection of the stock market in this publication. A comparative legal analysis of the criminal legislation of France and Germany with the domestic criminal legislation is carried out. The fact is illustrated that, unlike domestic criminal legislation, the criminal legislation of France and Germany is not based on one source — the criminal code, but contains the so-called comparative criminal legislation, which, in addition to regulating positive public relations, provides criminal legal protection of the stock market and public relations in the sphere of issue and circulation of securities, thus, the article analyzes not only the norms of the criminal codes of Germany and France, but also the norms of corporate criminal law of these states.
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Leakey, Liambela Muyunda, and Mubiana Mubiana. "Consumer contracts under the Zambian Law: Does the legislation Provide Adequate Consumer Protection." International Journal of Research and Innovation in Social Science 06, no. 04 (2022): 179–96. http://dx.doi.org/10.47772/ijriss.2022.6413.
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Owing to the shift of the Zambian economy from a countrywide manipulative economic system to a free market economy, there has been neediness for the government to efficiently regulate the economic system to promote honest opposition and client safety. To achieve this, need the authorities enacted the Competition and Fair-Trading Act of 1994 which geared toward regulating anti-competitive practices and customer exploitations within the marketplace. Following some of the changes that have taken area within the Zambian financial system, Parliament enacted the Competition and Consumer Protection Act of 2010 which incorporates diverse revolutionary provisions which might be supposed to address modem financial demands inside the Zambian economic system. This paper focuses on establishing whether Consumer contracts under the Zambian Law if it Provides adequate Consumer Protection by evaluating its effectiveness within the selling and law of sincere competition, patron safety and financial increase in Zambia. It verifies whether the Competition and Consumer Protection Act has effectively and efficiently addressed winning social and financial desires of Zambia’s monetary expedient. The findings were that Competition and Consumer Protection Act become enacted with numerous progressive provisions which were probably presupposed to cope with modem monetary conditions in Zambia. Through those upgrades, the Competition and Consumer Protection Act has quite addressed triumphing monetary desires in the Zambian economic operations. However, despite enhancing the Law, the legislation has not Provided Adequate Consumer Protection as evident by the increasing number of cases being recorded in Zambia regarding consumer protection.
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Surkov, A. N., S. V. Melnik, and E. V. Chernykh. "THE LAW "ON CONSUMER RIGHTS" THE UK: RIGHTS, DUTIES, RESPONSIBILITY." Proceedings of the Southwest State University 22, no. 3 (June 28, 2018): 137–44. http://dx.doi.org/10.21869/2223-1560-2018-22-3-137-144.
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In this article, one of the most urgent topics of the development of legislation on consumer rights protection in the UK is being considered. UK legislation on the protection of consumer rights, especially in connection with the forthcoming withdrawal of Britain from the European Union has a number of features. The law "On the Rights of Consumers", adopted in 2015, made it possible to analyze and highlight a number of features in the field of consumer protection in the UK, namely, the allocation of absolutely new standards applicable to the new type of services-digital content. By researching this topic, the author shows the emerging contradictions between the legislation of the European Union and the United Kingdom in the field of consumer protection, where the UK, against the backdrop of Brexit, analyzing the new Directives adopted by the European Union to retain a single legal space tends to unify the norms of the law "On the Rights of Consumers".
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Padalka, Andrii M., Alexandru Gribincea, Iryna M. Lesik, Olha V. Semenda, and Olha O. Barabash. "Consumer protection when purchasing goods on the Internet." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 2 (June 25, 2021): 189–97. http://dx.doi.org/10.37635/jnalsu.28(2).2021.189-197.
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Considering the global spread of the use of modern technologies, the Internet is increasingly gaining popularity as a platform for trading. That is why the need to protect consumer rights when buying goods via the Internet keeps growing. In particular, the author considers the problem of implementing consumer rights when purchasing goods in online stores in Ukraine and Moldova. The study showed that Ukraine and Moldova are gaining huge rates of development in the internet trade sector, which is further intensified in the context of the global COVID-19 pandemic and the introduction of lockdown. In this regard, the issue of compliance with consumer rights on the Internet is extremely relevant today. When studying the issue of consumer protection upon purchasing goods on the Internet, the author used a formal and logical method to determine the content of the main concepts, systematise the material, and obtain generalising conclusions within the framework of the subject matter. The comparative legal method helped identify trends and compare the legislation of Ukraine and the legislation of the Republic of Moldova in the context of consumer protection when purchasing goods on the Internet. According to the findings of the study, the legislative framework in the area of protecting the rights of consumers who purchase goods via the internet should be one of the priority areas of the world’s states. With regard to the legislation of Ukraine and Moldova in this area, it should be noted that given that Ukraine and Moldova have European integration aspirations, which in particular is reflected in the ratification of the Association Agreement between Ukraine and the EU (European Union) of 2014, as well as the Association Agreement between Moldova and the EU of 2014, and the commitments made by these states to bring the legislation into line with the EU acquis, it is important to harmonise national legislation with EU standards in this area. In addition, the adoption of the concept of protecting the rights of consumers who purchase via the Internet is also important for Ukraine
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Firdovsi Huseynov, Seymur. "DEVELOPMENT OF CONSUMER PROTECTION IN THE EUROPEAN UNION." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 276–79. http://dx.doi.org/10.36719/2663-4619/65/276-279.
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In modern times, the mass of use of non-cash payment and minimizing the shadow economy is the priority targets of the states. As a result, in recent years, states pay more attention to the protection of consumers. In turn, the European Union improves the legislation in the field of protection of consumers. It is useful to learn the dynamics of development of the European Union's legislation in this area and improving local legislation in the future. The article explores the development of the European Union's legislation and ECJ key cases in the field of protection of consumers' rights. Key words: consumer protection, European law, e-commerce, Tobacco case
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Arindrajaya, Safina Callistamalva, and Stefan Koos. "Legal Protection Against Cryptocurrency Investors: Overview of Indonesian Consumer Protection Law." Journal of Human Rights, Culture and Legal System 2, no. 2 (July 13, 2022): 113–20. http://dx.doi.org/10.53955/jhcls.v2i2.32.
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Information and communication technology advancements has spawned numerous innovations, including cryptocurrency. Cryptocurrency is a currency that only exists in Indonesia as a digital asset. The volatile and uncontrollable value of cryptocurrencies causes investors to suffer losses. This study aims to determine the legal protection of cryptocurrency investors in Indonesia under Consumer Protection Law. This study employs a descriptive qualitative methodology with a normative approach through legislation. According to the findings of this study, The Consumer Protection Act provides legal protection for cryptocurrency investors by regulating the rights and responsibilities of consumers and business actors.
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Plakolli-Kasumi, Luljeta. "Some preliminary findings regarding Kosovo legislation in the field of consumer protection with special emphasis in arbitration clauses in consumers contracts." Zbornik radova Pravnog fakulteta u Splitu 57, no. 3 (August 12, 2020): 875–85. http://dx.doi.org/10.31141/zrpfs.2020.57.137.875.
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Although the Kosovo Law on Consumer Protection has been harmonized with the EU Directive on Unfair Contract Terms, several inconsistencies are still prevalent in other pieces of legislation, which in turn diminish the effective protection of consumers in line with the aim of the said Directive. The present paper aims at introducing some preliminary findings of the author’s doctoral thesis which can serve as a basis for further improvement of the existing legislation in the field of consumer protection. Full harmonization of the consumer protection legislation with the Unfair Terms Directive entails not only the verbatim transposition of the said Directive into one piece of legislation but an alignment of the entire legislative framework to this end, as well as the development of the court practice in line with the CJEU case-law.
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Syaparuddin. "CONSUMER PROTECTION LAW IN BUYING AND SELLING GOODS ONLINE." PAPATUNG: Jurnal Ilmu Administrasi Publik, Pemerintahan dan Politik 5, no. 2 (November 4, 2022): 49–54. http://dx.doi.org/10.54783/japp.v5i2.612.
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In recent years, ICT growth has accelerated at a remarkable rate. Sellers (business actors) and purchasers (consumers) are no longer brought together during online transactions (buyers). These deals are made through electronic commerce (E-Commerce). The parties in electronic transactions, the buyers, are often affected by parties who violate agreements and agreements offered through e-commerce mechanisms, despite the fact that legislation regulating e-commerce have been developed. As a result, the purpose of this research is to identify the applicable consumer protection laws for e-commerce. Researcher adopts a normative strategy here. According to the study's findings, if a consumer or customer receives a product that does not match the description or image of the advertised product on the internet, the consumer can launch a civil complaint against the business actor or seller on the grounds of default or against the law. The Consumer Protection Act and the Information and Electronic Transactions Act are two pieces of legislation that protect consumers' rights. The government and society at large also have significant responsibilities in terms of consumer protection, particularly in the form of oversight.
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Halilaj, Belinda. "Consumer protection: The genesis of consumer right in Albania." Mediterranean Journal of Social Sciences 8, no. 2 (March 28, 2017): 71–75. http://dx.doi.org/10.5901/mjss.2017.v8n2p71.
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Abstract The study of the consumer right in juridical sciences is an innovation for the Albanian legislation. By means of this paper we would like to explain the genesis of consumer right. In order to explain the genesis of consumer right, we have focused since its very first steps to the present protection of this right. In order to determine which were the first hints of the emergence of this right and how it developed, we have reviewed legal resources from all time periods during which the consumer has enjoyed a protection. From our study, we have concluded that the use of the word consumer is something new for the legislation of our country. Nowadays, several laws have been approved and state mechanisms have been established with the intent to maintain consumer protection at a high level. Their approval derived directly from the development of this right. In the last part of this paper, we also focus on the factors that influenced the emergence of this right. These factors have been crucial for the complete and accurate establishment of what we today call the rule of law. The establishment of the rule of law enabled the approval of laws on consumer protection, but also the generation of an environment where the consumer enjoys the same level of protection as any other consumer in the neighbouring states.
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Chambraud, Agnès, Patricia Foucher, and Anne Morin. "The importance of Community law for French consumer protection legislation." Journal of Consumer Policy 17, no. 1 (March 1994): 23–37. http://dx.doi.org/10.1007/bf01018876.
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Pantazi, Tania. "Airline Bankruptcy and Consumer Protection in the European Union." Air and Space Law 35, Issue 6 (November 1, 2010): 409–21. http://dx.doi.org/10.54648/aila2010045.
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Airline bankruptcy is a common phenomenon in Europe, especially in the last decade. A sudden interruption of operations is often the result of air carrier’s financial problems or the revoking of its operating license. The liberalization of air transport industry in Europe, along with other factors, has contributed to the increase in the number of airline bankruptcies. Consumers facing airline bankruptcies, however, are not always protected, as there are cases in which passengers were stranded abroad or not compensated because of lack of assets. The existing legal framework of the European Community does not contain any specialized provision, although there is Community legislation on the monitoring of airline finances, travellers’ rights, and insolvency proceedings. This article examines the relevant legal instruments and discusses potential amendments to legislation, such as mandatory insurance or the creation of compensation funds, in order to provide consumers with effective protection against airline insolvency.
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Likhter, Pavel L. "Change in legislation in consumer society." Gosudarstvo i pravo, no. 7 (2021): 125. http://dx.doi.org/10.31857/s102694520006885-4.
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The article is devoted to the transformation of law-making and law-enforcement practice in the conditions of consumer society. The perception of a thing as an indicator of status, unjustified overestimation of the value of intellectual rights, property stratification, changes in the trade and financial spheres pose a threat to social, consumer and environmental security. The purpose of the article is to study the actual problems of legal regulation of such new manifestations of the era of consumerism as affluence, astroturfing, planned obsolescence, brand cult, etc. The analysis of the current situation makes it possible to state the need for wider application of public law methods of human rights protection. The author offers a study of the holistic concept of legal regulation in order to achieve an balance of private, public and public interests.
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Bogdan, V. V., E. V. Chernykh, and R. W. Khalin. "CONSEQUENCES OF BRexIT FOR CONSUMERS AND LEGISLATION FOR THE PROTECTION OF CONSUMERS 'RIGHTS IN GREAT BRITAIN." Proceedings of the Southwest State University 22, no. 1 (February 28, 2018): 204–10. http://dx.doi.org/10.21869/2223-1560-2018-22-1-204-210.
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This article considers one of the topical issues of the development of legislation on consumer rights protection in the European Union countries in connection with Great Britain’s withdrawal from EU. European legislation on the protection of consumer rights has a number of features since all participants at the very beginning of the EU’s existence pledged to share responsibility for enacting legislation that protects consumer rights. The authors dwell on the problems of consumer rights protection in the UK, the consolidation of the legislation on consumer rights protection, and the models for building relations between the UK and EU: British membership in the European Economic Area (EEA); relations only within the framework of the World Trade Organization (WTO); cooperation, built on individual terms. In the study, the authors used analytical and formal-legal methods, the method of abstraction which made it possible to formulate conclusions on the conducted research. The authors come to the conclusion that there are strong relations between the rules of the Institute for the Protection of Consumer Rights of Great Britain and the legislation of the EU, so no major changes are currently expected. The Law "On the Rights of Consumers" not only introduced colossal changes in the national English legislation, but also summarized various aspects of consumer legislation in one legislative act. Such consolidation of consumer law in the UK has proved to be one of the most complex and promising legislative acts within the EU. Currently, it is difficult to predict the consequences of the UK’s exit from the EU for consumers and business, not knowing the scenario of the development of transitional or future relations with the EU. Undoubtedly, the next two years of the transition period will be difficult, since the decisions will be made by 27 EU countries without the participation of Great Britain.
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Parapatits, Felicitas. "Albania: Reform of Consumer Protection Law." European Review of Private Law 18, Issue 1 (February 1, 2010): 165–75. http://dx.doi.org/10.54648/erpl2010009.
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Abstract: The Republic of Albania ranks as a potential candidate country of the European Union. In order to become a candidate country, Albania agreed to ensure that its existing laws and future legislation shall be gradually made compatible with the acquis communautaire. In 2008, the Albanian legislator made an attempt to fulfil this obligation in the field of consumer law replacing the old Consumer Protection Act (CPA) 2003 by the new CPA 2008, which aims at a full implementation of the European directives on consumer protection law. The CPA 2008 constitutes a great improvement to the legal situation in Albania and marks an important step towards European Union accession. Nevertheless, the CPA 2008 did not implement all the directives to a full extent. Moreover, the relationship between the specific provisions on consumer protection in the CPA 2008 and the more general provisions on contract law in the Albanian Civil Code is not clear. This article first provides an outline of the past developments and recent regulations on consumer protection law in Albania and then illustrates the need of further harmonization between the CPA and the Albanian Civil Code. Résumé: L’Albanie est un potentiel pays candidat à l’Union européenne. Afin de devenir un pays candidat, l’Albanie a accepté de rendre sa législation, présente et future, compatible avec l’acquis communautaire. En 2008, le législateur albanais tenta de remplir cette obligation en matière de protection des consommateurs, en remplaçant l’ancienne loi sur la protection des consommateurs (datant de 2003) par une nouvelle législation visant à transposer complètement les directives européennes sur la protection des consommateurs. La loi sur la protection des consommateurs de 2008 est un pas important en direction d’une adhésion à l’Union européenne. Néanmoins, elle n’a pas transposé l’ensemble des directives dans toute leur étendue. Cet article donne dans un premier temps un aperçu des développements passés et des réglementations récentes en matière de protection des consommateurs en Albanie. Il démontre ensuite le besoin d’une plus grande harmonisation entre la loi sur la protection des consommateurs de 2008 et le Code civil albanais.
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DIAKONOVA, M. O. "ALTERNATIVE METHODS TO RESOLVE CONSUMERS DISPUTES." Herald of Civil Procedure 10, no. 6 (January 25, 2021): 42–65. http://dx.doi.org/10.24031/2226-0781-2020-10-6-42-65.
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The need to develop alternative dispute resolution methods has long been known, but most of all out-of-court dispute resolution is required in consumer relations. The expansion consumer access turn to dispute resolution and filing complaints even for small requirements will help to increase respect for consumer rights and, in general, create a favorable economic climate. The lack of a legal basis for resolving consumer disputes hinders the effective protection of their rights and is not typical of foreign legal systems. In this regard, the draft Federal law “On Amendments to the Law of the Russian Federation ‘On Consumer Rights Protection’ and the Federal Law ‘On Alternative Dispute Settlement Procedure with the Participation of a Mediator (Mediation Procedure)’ in Order to Create a Legal Basis for the Development of Alternative Online Dispute Resolution” has been prepared. The article analyzes this draft law, compares the projected norms with approaches implemented in foreign legislation, and suggests measures to improve the current legislation on the protection of consumer rights by creating an online platform for the settlement of consumer disputes.
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Mupangavanhu, Yeukai. "Towards an Extensive Statutory Protection of Consumers in Timeshare Agreements: A Comparative Perspective." African Journal of International and Comparative Law 29, no. 1 (February 2021): 117–37. http://dx.doi.org/10.3366/ajicl.2021.0353.
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Timeshare property interest has become a major business worldwide. The protection of consumers in various timeshare-related contracts has been characterised by challenges due to outdated laws, lack of appropriate legislation as new products are introduced on the market as well as the inclusion of unfair terms. The European Union (EU) adopted the Timeshare Directive 2008/122/EC which governs a broad range of timeshare-related contracts, namely: timeshare, long-term holiday products, and resale and exchange contracts. In comparison, South Africa and Kenya do not have consolidated legislation that govern timeshare-related contracts. In South Africa, timeshare agreements fall under the Consumer Protection Act 68 of 2008, the Property Time-sharing Control Act 75 of 1993 as well as under common law. In Kenya, the Consumer Protection Act 46 of 2012, which was revised in 2016, governs specific consumer agreements including timeshare contracts. The article compares the position of consumers who enter into timeshare-related services in South Africa, Kenya and the EU. It is argued that the problems faced by consumers who enter into timeshare-related contracts in South Africa and Kenya necessitate legislative protection which should consist of a consolidated statute that specifically regulates such contracts for the attainment of a high level consumer protection.
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Johnston, Angus, and Hannes Unberath. "The double-headed approach of the ECJ concerning consumer protection." Common Market Law Review 44, Issue 5 (October 1, 2007): 1237–84. http://dx.doi.org/10.54648/cola2007113.
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This article analyses the development of EC consumer law by looking in detail at the approach taken by the European Court of Justice in its case law in this field, and the impact that this had had upon national law in certain areas. It contends that the Court has taken contrasting approaches to the desirable extent of consumer protection laws, depending upon whether that protection derives from national laws which operate as derogations from the EC’s Treaty rules on the internal market or from positive legislative activity at EC level. In the former area, the Court has been unwilling to accept many such national consumer protection measures, regularly finding them not to be necessary for achieving the relevant goal or to be disproportionate to that end. In the latter area, however, the Court has consistently given an expansive interpretation to the provisions in the directives on consumer protection. The reasons behind this difference in approach are discussed and it is suggested that the Court’s support for more interventionist consumer protection measures when interpreting the scope of EC legislation sometimes fails in fact to secure the protection which the Court seems to require, or only does so at the cost of far-reaching effects upon other areas of law and practice in the relevant sectors. In conclusion, it is suggested that these differences relate to the Court’s perception of its function in interpreting and applying the primary rules of the EC Treaty, on the one hand, and in promoting the objectives of secondary law adopted under that Treaty, on the other. Two fundamentally conflicting policies are the result: free trade is the priority of primary legislation while interventionist consumer protection lies at the heart of the case law on secondary legislation. Yet the Court’s holdings merely point to a deeper-level tension in the fabric of the Community’s philosophy of market regulation.
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Kondrat'ev, V. A. "Consumerism Qualification: Doctrine and Case Law." Rossijskoe pravosudie 5 (May 25, 2021): 22–28. http://dx.doi.org/10.37399/issn2072-909x.2021.5.22-28.
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А number of factors influence the qualification of relations as consumer relations, however, neither a scientific literature nor law enforcement practice has formed a common list of signs defining the relationship to the subject of regulation of consumer protection legislation. The main purpose of the article is to identify signs that qualify the relationship as consumer. Achieving the goal of the article is carried out by solving the following tasks: determining the influence of the subject composition of relations, the nature of their activities, as well as other signs on the qualification of relations in order to apply legislation on consumer protection. The article was prepared using general scientific methods (systemic, logical) and special legal methods (comparative legal, formal legal). The author comes to the conclusion that for the proper qualification of public relations in order to apply legislation on the protection of consumer rights, it is necessary to take into account both the subject composition and the purpose of purchasing goods. The formal affiliation of a person to a particular category of entities cannot definitely indicate the goals of a person entering into a relationship. In particular, an individual entrepreneur has a dual status, being, on the one hand, a citizen, and on the other, a subject of entrepreneurial activity. The article also concluded that when determining the purpose of acquiring a product (work, service), it is necessary to take into account both direct signs expressed in the nature of the person's activity and indirect ones determined by the quantity of the purchased goods and its technical and functional characteristics. To assess indirect features, the author suggests referring to the category of «average person» formed in the general theory of law.
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Ozimek, Irena. "FOOD SAFETY IN THE CONTEXT OF LEGISLATION." Annals of the Polish Association of Agricultural and Agribusiness Economists XX, no. 6 (December 10, 2018): 189–96. http://dx.doi.org/10.5604/01.3001.0012.7760.
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The study aims to analyse selected legal regulations concerning the issue of food safety, regarding both health safety and protection of consumers' economic interests as well as to present institutional possibilities of consumer protection in the food market in this area. As a result of the analysis of selected legal regulations, it can be concluded that there are numerous legal acts covering the issue of food safety. Changes that occur in food law as well as creation of new organizations at the level of the European Union preventing food counterfeiting, will contribute to ensuring a higher level of consumer protection on the food market in the European Union, including Poland.
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Čeči, Đerđ. "Role of trademarks in consumer protection." Glasnik Advokatske komore Vojvodine 75, no. 9-10 (2003): 281–85. http://dx.doi.org/10.5937/gakv0308281c.
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The author analyses in this work development of Hungarian legislature related to trademarks belonging to the period of time between late seventies and present day. He points out that since the reform of legal system and transition to market economy numerous statutes have been passed in order to harmonize civil legislation dealing with consumer protection with the demands of market economy. Some of those statutes have been Law on Product Responsibility (1995), Law on Prohibition of Distorted Competition on Market (1990). Trademarks have been regulated by the XI Statute of 1977. This Statute contains numerous and usual notions related to consumer protection. Some of those notions have effect of an absolute or unconditional exclusion from the trademark protection, especially if they may be misleading for consumers in respect of kind. quality, geographic origin or other features of goods and services.
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Barta, Judit. "Fogyasztóvédelem a villamosenergia szolgáltatás területén." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 15, no. 28 (June 16, 2020): 37–85. http://dx.doi.org/10.21029/jael.2020.28.37.
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This research studies the law measures of the European Union aiming Energy Union regarding consumer protection in the view of the process of the legislation of the consumer protection, the development of the consumer rights up until the latest Directive 2019/944. Provisions of consumer protection of the Directive are reviewed. The second part of this research looks at the consumer protection on the fields of the electricity service in Hungary, considering how much it complies with the EU regulation.
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Piers, Maud. "Consumer Arbitration and European Private Law: A Seminal Consumer Arbitration Model Law for Europe." European Review of Private Law 21, Issue 1 (January 1, 2013): 247–88. http://dx.doi.org/10.54648/erpl2013008.
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Abstract: This article explores the way in which consumers could best resolve their disputes through arbitration. It focuses on arbitration and looks at how this works - or should work - within the legislative framework of the European Union. The essence of the consumer arbitration problem in Europe is that the existing arbitration laws (sensu latu) are aimed at regulating disputes between businesses. Consumer arbitration is generally not subject to a distinct set of rules. Most European Member States tend to ignore such distinctions in their legislation. Some have adopted specific rules regarding the consumer arbitration agreement. Oftentimes the same laws apply to both types of arbitration procedures. Consumer arbitration, however, serves a different purpose and has a different dynamic than business-to-business arbitration. This article departs from the basic assumption that also with regard to arbitration, rules that are tailored to the needs of Business-to- Business (828) relationships may not necessarily produce satisfactory results for the parties in a consumer arbitration. The aim of the proposed research is to draft a set of legal rules that delineates a workable and legitimate consumer arbitration in Europe that is sufficiently attuned to the standards of consumer protection required by the European Union legislation.
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Andrade, V. "Chilean Consumer Law and Policy: A Brief Outlook." Journal of Consumer Policy 45, no. 1 (January 26, 2022): 49–69. http://dx.doi.org/10.1007/s10603-022-09505-8.
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AbstractChilean consumer law and policy has a short but enthralling history. As compared with other jurisdictions such as EU countries, its bedrock is still in formation, particularly pertaining to its envisaged role in the regulatory spectrum applicable to consumer markets. However, this circumstance has not been a serious obstacle to several reforms carried out in recent years aimed at broadening its scope of action, including rethinking a proposal regarding the policy goals to be addressed by the national consumer agency, SERNAC. In that context, this article presents a brief account of the main features of Chilean consumer law, considering the current socioeconomic development level of the country, the main pieces of legislation concerning consumer protection in the Chilean legal framework—notably the Chilean Consumer Protection Act—as well as key elements of the public policy approach in this matter. A few examples of topics such as product liability and sale and purchase of consumer goods are also analysed in order to allow a comparison of the Chilean experience in consumer protection with other jurisdictions.
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Andersen, Minie. "Consumer Protection: The Interaction Between Written and Unwritten Law." European Review of Private Law 29, Issue 4 (September 1, 2021): 633–58. http://dx.doi.org/10.54648/erpl2021033.
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The scope of consumer protection according to both written and unwritten law is assessed through an analysis of court decisions and decisions of the Consumer Complaints Board in Danish law with references to other Scandinavian law and to EU case law. The article analyses consumer protection in Scandinavian contract law according to general principles of interpretation and statutory law in the form of national legislation implementing Article 5 of Directive 93/13/EEC on unfair terms in consumer contracts. The so-called (larger) general clause of invalidity in the form of section 36 of the relevant national Contracts Acts is included as it greatly influences interpretation in Scandinavian contract law. The analysis involves a discussion of interpretation as a legal source in Scandinavian contract law, and a presentation of the Scandinavian consumer complaints board system with an emphasis on the Danish system. It is argued that the (traditional) general principles of interpretation in contract law play an important role as a supplement to written law in the aim of consumer protection, and that both courts and the Consumer Complaints Boards seem to operate with protection of consumers as a relevant underlying legal basis when interpreting consumer contracts. Both general rules of interpretation and the underlying legal basis (in the form of i.a. non-mandatory rules and customs) thereby seem to enhance consumer protection in Scandinavian contract law.
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Rouissi, Noura, and Vincent Correia. "Global, Regional and National Air Passenger." Air and Space Law 40, Issue 2 (April 1, 2015): 123–46. http://dx.doi.org/10.54648/aila2015011.
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This article examines the proliferation of specific consumer legislation in air travel and its consequences; in particular regarding assistance and compensation in cases of denied boarding, flight delay and cancellation. Drawing on international, European Union (Regulation (EC) No 261/2004), and national law sources, this article presents some specific aspects of airline consumer protection regimes across the world. Developments in this area have given rise to issues and challenges, including the overlapping of legal and geographical scopes of different passenger protection instruments. In view of these developments, the International Civil Aviation Organization (ICAO) is getting more involved, and has been mandated to establish a set of high level, non-binding, non-prescriptive core principles on consumer protection in aviation.
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Kaseme Tan, Junita, Dennis Darmawan Jo, Arni Winarsih, Kiki Kusumawati, and Yongki Sidharta Gunawan. "Comparative Legal Research : Consumer Legal Term In The Article 1 Number 2, Law No. 8, 1999 – Indonesia VS. Chapter I Article 2, Law No. 8078 – Brazil." SHS Web of Conferences 54 (2018): 05009. http://dx.doi.org/10.1051/shsconf/20185405009.
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The growth of the international-trades volume has increased, and the developed countries hope to sell their products to developing countries that have a bigger market potential because of their large populations. With the existence of quite big market potential in the world trade, developing countries such as Indonesia and Brazil must have a legislation that can give a protection for their citizens as the consumers of goods or services in the developed countries. Based on that issue, this research implements an analysis of the consumer’s legal term stated in the Article 1 number 2 of the Law No 8, 1999 (Consumer Protection Act Indonesia) and Chapter I Article 2, Law No. 8078 of September 11th , 1990 (Code of Consumer Defense and Protection-Brazil). This law research will use the method of juridical normative, with the comparative approach of legislation.
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Lapina, Yuliya, Alexander Kostyuk, Udo Braendle, and Yaroslav Mozghovyi. "Shareholders rights and remedies (comparative law perspective)." Corporate Board role duties and composition 12, no. 3 (2016): 6–13. http://dx.doi.org/10.22495/cbv12i3art1.
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The main aim is to discuss shareholder rights protection in Ukraine and Germany, which have the same Civil law legal system. Our contribution outlines, systemizes and accesses approaches how critical and weak issues in the area of shareholder protection are resolved in both countries using the mechanisms of corporate governance. Using Germany as a benchmark, the paper identifies that the most important and efficient mechanisms of shareholders rights protection, which can be implemented in Ukrainian companies are the following: principle of equal treatment and duty of loyalty which should be fixed in the legislation; enhancing the role of the National Securities and Stock Market Commission; introduction of the derivative suit system.
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Pavoni, Riccardo. "Simoncioni v. Germany." American Journal of International Law 109, no. 2 (April 2015): 400–406. http://dx.doi.org/10.5305/amerjintelaw.109.2.0400.
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With Judgment No. 238/2014, the Italian Constitutional Court (hereinafter Court) quashed the Italian legislation setting out the obligation to comply with the sections of the 2012 decision of the International Court of Justice (ICJ) in Jurisdictional Immunities of the State (Germany v. Italy; Greece intervening) (Jurisdictional Immunities or Germany v. Italy) that uphold the rule of sovereign immunity with respect to compensation claims in Italian courts based on grave breaches of human rights, including—in the first place—the commission of war crimes and crimes against humanity. The Court found the legislation to be incompatible with Articles 2 and 24 of the Italian Constitution, which secure the protection of inviolable human rights and the right of access to justice (operative paras. 1, 2).
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Ngoc, Ha Thi. "The History of the Formation of Consumer Protection Legislation in the Socialist Republic of Vietnam." Proceedings of the Southwest State University. Series: History and Law 11, no. 5 (2021): 74–86. http://dx.doi.org/10.21869/2223-1501-2021-11-5-74-86.
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Relevance. In this work, the author examines the history of the formation of consumer protection legislation in accordance with the socio-economic circumstances in Vietnam in general and civil circulation in particular. Consumers are involved in civil circulation as subjects of civil law, however, they are considered a "weaker side" in relation to the counterparty. Consequently, the formation of a special legal mechanism is extremely necessary to protect the legitimate rights and interests of consumers. The aim of this work is to study the genesis and development of the legal institution for consumer protection in the Socialist Republic of Vietnam. The objectives of the study are to analyze important innovations in the 2010 Consumer Protection Act compared to the previous 1999 Consumer Protection Ordinance; define the concept of "consumer" under the laws of Vietnam and other countries, thereby establishing the most complete and clear definition of "consumer". Methodology. In the process of research, the author used general scientific methods of cognition (analysis, synthesis, deduction, induction) and special methods (comparative legal, descriptive, historical method, etc.). Results. Vietnamese consumer protection legislation establishes the relatively complete legal status of these participants in civil law relations, including their fundamental rights in accordance with UN guidelines, manufacturer's liability for violation of consumer rights and measures to ensure a legal mechanism for resolving disputes with con-sumers. Conclusion. Consumer protection is currently a fairly important institution in Vietnam, which is strictly regulated by regulatory legal acts and guaranteed by the state and its competent authorities. However, the concept of "consumer" should be clearly defined and consistent with the development of consumer relations in the modern market.
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Dahiyat, Emad Abdel Rahim. "Online Shopping and Consumer Rights in the UAE: Do We Need a Specific Law?" Arab Law Quarterly 33, no. 1 (December 12, 2019): 35–57. http://dx.doi.org/10.1163/15730255-12331014.
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Abstract Although e-commerce is growing at a dramatic rate, there are still areas of concern that need to be addressed adequately by the legislation in order to promote trust in e-commerce and remove any barriers to its full development. This paper thus explores the existing legislation in UAE to determine whether or not this legislation gives due attention to consumer protection in an online environment. Furthermore, this paper briefly addresses the issue of what the law ought to be in order to enhance legal certainty as well as maintain the credibility of the Internet as a market place for consumers.
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Jørgensen, Tanja. "Harmonization: A Need for EU Action on Consumer Credit?" European Business Law Review 26, Issue 5 (October 1, 2015): 743–64. http://dx.doi.org/10.54648/eulr2015037.
Full textAbstract:
As in the consumer area in general, the objective of the internal market has been applied as a reason why there is a EU need for action regarding consumer credit. Even though it is more than 25 years ago since the first Consumer Credit Directive harmonized aspects of the legislation in the Member States, cross-border activities are still extremely low. The achievement of the internal market depends on the consumers’ and the creditors’ overall incentives to cross-border activities, where harmonized aspects of the legislation are only an insignificant motivation. Despite a need for EU action may seem small, there is still a need for EU action, but with a different approach that considers the nature of consumer credit. This means a focus on preventing overindebtedness and ensuring financial stability as well as a high level of consumer protection in a financialized and thereby more complex and globalised world.
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Schurr, Francesco A. "The Relevance of the European Consumer Protection Law for the Development of the European Contract Law." Victoria University of Wellington Law Review 38, no. 1 (March 1, 2007): 131. http://dx.doi.org/10.26686/vuwlr.v38i1.5660.
Full textAbstract:
This paper deals with the interaction of consumer law and contract law in the European Union. Over the last two decades the European legislature has adopted many legislative measures in the field of consumer protection that were designed to strengthen the single market and to avoid distortion of competition. Thus the European legislature tried to approximate or harmonise consumer protection standards within the European Community and consequently created a new layer of supranational contract law which now coexists with the traditional national contract law regimes. The paper assesses the various types of contract law on the international, supranational and national levels and discusses the problems arising from the fact that the contract law in the European Community is so diverse. Directive 2005/29/EC on Unfair Business-to-Consumer Commercial Practices is discussed as a very prominent recent product of European Community consumer legislation. The paper points out how the development of European consumer law serves as a catalyst for the further development of a genuine European contract law.