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1
Becher, Shmuel. "A "Fair Contracts" Approval Mechanism: Reconciling Consumer Contracts and Conventional Contract Law." University of Michigan Journal of Law Reform, no. 42.4 (2009): 747. http://dx.doi.org/10.36646/mjlr.42.4.fair.
Анотація:
Consumer contracts diverge from the traditional paradigm of contract law in various conspicuous ways. They are pre-drafted by one party; they cannot be altered or negotiated; they are executed between unfamiliar contracting parties unequal in their market power and sophistication; they are offered frequently by agents who act on behalf of the seller; and promisees (i.e., consumers) do not read or understand them. Consumer contracts are thus useful in modern markets of mass production, but they cast doubt on some fundamental notions of contract law. To reframe the long-lasting debate over consumer contracts, this Article develops a superior legal regime whereby sellers can obtain certification of a form contract by an independent third-party. Such approval may be viewed as a quality certification, akin to a "Good Housekeeping Seal of Approval," for standard form contracts. The many impediments to the design of such a project notwithstanding, its overall advantages are promising. The tension between the duty to read contracts and the common practice of signing consumer contracts without reading them will be better reconciled. The adverse consequences of asymmetric information possessed by typical sellers and consumers will be obviated. This regime will also minimize sellers' ability to manipulate consumers' bounded rationality, increase social welfare by reducing transaction costs, diminish socially undesirable litigation over standardized contracts, make a notable step towards minimizing the alleged anomaly that punitive damage awards create in consumer contract cases, and promote market participants' autonomy by advancing trust between the contracting parties.
2
Dobrovodský, Róbert. "Klauselkontrolle im slowakischen Verbrauchervertragsrecht." osteuropa recht 69, no. 4 (2023): 474–82. http://dx.doi.org/10.5771/0030-6444-2023-4-474.
Анотація:
The article deals with clause control in Slovakian consumer contract law and its development after the ratification of the Association Agreement. The amendment of the Civil Code and the adoption of the new Commercial Code led to changes in private law that primarily strengthened private autonomy and freedom of contract. In addition, restrictions on private autonomy in consumer contracts were introduced to ensure consumer protection and prevent discrimination. The Civil Code serves as the central norm of Slovakian consumer contract law and defines consumer contracts and the terms consumer and entrepreneur. It also deals with specific clauses in consumer contracts that are subject to judicial review, including the prohibition of clauses and the obligation of entrepreneurs to refrain from using them. The provisions regulate, for example, unauthorised clauses that restrict the rights of consumers or constitute unreasonable conditions. In addition, content control is explained with regard to the appropriateness of the content of contractual terms, the main subject matter of the contract, and the appropriateness of price and consideration. Overall, the article shows how Slovak consumer contract law, based on the Civil Code, strengthens private autonomy and freedom of contract, but at the same time provides for restrictions to protect consumers from disadvantages and to ensure fair conditions in consumer contracts.
3
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.
Анотація:
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.
4
Poillot, Elise. "Consumer and contract law." ERA Forum 6, no. 1 (January 2005): 36–44. http://dx.doi.org/10.1007/s12027-005-0006-4.
5
Poillot, Elise. "Consumer and contract law." ERA Forum 7, no. 1 (January 2006): 36–44. http://dx.doi.org/10.1007/s12027-006-0052-6.
6
Dudaš, Atila. "Conformity of goods and guarantee in Hungarian law: Example of transposition of Directive 1999/44/EC by amending the general rules of contract law." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 3 (2020): 1043–64. http://dx.doi.org/10.5937/zrpfns54-29420.
Анотація:
In 2002 Hungary transposed the Directive 1999/44/EC on certain aspects of sale of consumer goods and associated guarantees, by amending the Civil code of 1959, rather than integrating the rules of the Directive into the then-effective Law on the Protection of Consumers of 1997. Such an approach reveals some advantages if compared to the Serbian law. Namely, in Serbia the former Law on the Protection of Consumers of 2010 introduced special rules pertaining to conformity and guarantees in consumer sales contracts. Consequently, the need arose to limit their scope of application from the general rules of the Law on Obligations of 1978 on the conformity and guarantees. By the transposition of the rules of Directive into the Hungarian Civil code a unique set of rules on conformity and guarantees has been created that has a general scope of application. While they are applicable to all contracts, the number of special rules applicable only to consumer sales contract is in fact relatively small. Furthermore, Hungarian law provides an example of coordinated functioning of commercial and obligatory guarantees. Commercial guarantee is, like conformity, regulated uniformly in the Civil code, applicable to both consumer and non-consumer contracts. Apart from commercial guarantees, there are several obligatory guarantees in Hungarian law introduced by decrees of the government, whereby their scope of application is clear. In contrast, the legal nature and scope of application of guarantee under the Law on Obligations in Serbia became vague after the adoption of the former Law on the Protection of Consumers of 2010, which introduced commercial guarantees in consumer sale contracts. This is also one of the negative implications of the transposition of Directive 1999/44/EC into the Law on the Protection of Consumers, instead of incorporating them into the rules of general contract law. The main legislative approach adopted in the former Hungarian Civil Code has not been changed in the new Code from 2013 either: conformity and guarantee remain regulated by the general rules of contract law. Obligatory guarantees introduced by decrees of the government also remain in force. A significant novelty in the new Code is the introduction of a direct liability of the produced or consumer goods, a legislative possibility offered by Directive 1999/44/EC.
7
Zimmermann, R. "Consumer Contract Law and General Contract Law: The German Experience." Current Legal Problems 58, no. 1 (January 1, 2005): 415–89. http://dx.doi.org/10.1093/clp/58.1.415.
8
Haupt, Stefan. "An Economic Analysis of Consumer Protection in Contract Law." German Law Journal 4, no. 11 (November 1, 2003): 1137–64. http://dx.doi.org/10.1017/s2071832200012013.
Анотація:
The traditional justification of consumer protection is founded on the notion of restraining the monopoly power of huge companies and the potential that they posses to influence consumers via advertising that limits consumers’ ability to verify what is in their own best interest. This theory refers not to the individual consumer in a concrete situation, but stresses a general economically weaker position of the consumervis-à-visthe suppliers. Consumers are seen as less knowledgeable and as economically inferior to producers and traders. So a large deviation between the ideal of consumer sovereignty and reality is presumed. The power imbalance on the market (“countervailing power”) leads to demand for market reconciliation, compensation or balancing. According to this conception the state must support the consumers as weaker market participants during the counterweight
9
Mifta Nur Feriska. "KEBEBASAN BERKONTRAK DAN PERLINDUNGAN KONSUMEN DALAM PERJANJIAN SEWA MENYEWA PADA SEBUAH KESEIMBANGAN HUKUM." JOURNAL SAINS STUDENT RESEARCH 1, no. 1 (October 1, 2023): 893–902. http://dx.doi.org/10.61722/jssr.v1i1.415.
Анотація:
This research discusses the balance between freedom of contract and consumer protection in the context of rental agreements. The main focus is on how the law creates a balanced framework to ensure justice and equal rights for the parties involved. First of all, the basic meaning of a rental agreement is presented based on Article 1548 of the Civil Code, with four mandatory elements that must be fulfilled. Freedom of contract, as a basic principle, gives the parties involved the ability to determine and carry out agreements according to their wishes, but remains limited by legal, ethical and moral norms. The role of Consumer Protection Laws is explained as an effort to prevent abuse of power by contractual parties and protect consumers from harmful practices. Socialization of this law is important to increase consumer awareness and knowledge, especially among those with low levels of education. This research also reviews the balance between the rights and obligations of business actors and the rights and obligations of consumers, highlighting more specific regulations in the Consumer Protection Law. This balance creates a fair and ethical business environment. Next, the principles of balancing between freedom of contract and consumer protection in rental agreements are explained. This includes clarity of contracts, protection against unfair practices, freedom of contract with limitations, protection against discrimination, and lawsuit and dispute resolution rights. Restrictions on freedom of contract are described as steps taken by law to protect consumers from exploitation or harmful practices in rental agreements. By detailing fair rental prices, late payment provisions, privacy rights, repair rights, and the right to withdraw from the contract, the law aims to create equality between the parties involved. Ultimately, the study concludes that the balance between freedom of contract and consumer protection in rental agreements requires careful attention. These principles must be regulated in such a way as to safeguard consumer rights without hampering the development of legitimate business activities. With a good understanding of applicable regulations, this balance can be achieved to create a healthy and fair business environment.
10
Ben-Shahar, Omri, and Oren Bar-Gill. "Regulatory techniques in consumer protection: A critique of European consumer contract law." Common Market Law Review 50, Special Issue (March 1, 2013): 109–25. http://dx.doi.org/10.54648/cola2013039.
Анотація:
This Article classifies the consumer protection techniques that European contract law employs into four categories: Mandatory arrangements; disclosure; regulation of entry to and exit from contract; and pro-buyer default rules and contract interpretation. It argues that these techniques are far less likely to succeed than advocates, including the European Commission, believe, and they may bring about unintended consequences and hurt consumers. The techniques and their limits are illustrated through a study of proposed Common European Sales Law (CESL). The Article argues that the ambitious pursuit of consumer protection goals is also likely to interfere with the other main goal of the European contract law: harmonizing the laws of member states, encouraging cross border trade, and improving consumer' access to markets.
11
Sergeeva, Olga V. "LAW SELECTION BY THE PARTICIPANTS OF TRANSBORDER ONLINE CONTRACTUAL RELATIONS: EXPERIENCE OF THE USA AND THE EUROPEAN UNION." Public international and private international law 6 (October 29, 2020): 34–38. http://dx.doi.org/10.18572/1812-3910-2020-6-34-38.
Анотація:
The practice of realization in the USA and European Union of the parties’ autonomy due to the choice of law, applicable to the cross-border online-contract is explored in the article. Particularly the problems of the choice of law, applicable to the cross-border online-contracts B2B (business to business), B2C (business to consumer) и C2C (consumer to consumer) are analyzed. The question is raised about the fairness of undiscussible clause, considering the choice of law, applicable to the online-contract involving consumers. According to the doctrine, legislation and practice the procedural and constitutive approaches to the solving of this question are observed in the article.
12
Chen, Zhen. "The Classification of Dual-Purpose Contracts in European Private International Law." European Review of Private Law 31, Issue 5 (November 1, 2023): 909–32. http://dx.doi.org/10.54648/erpl2023044.
Анотація:
Consumers, as the presumed weaker party, are granted with favourable jurisdiction and choice of law rules under the Brussels Ibis Regulation and Rome I Regulation. The identity of a person as a consumer is the precondition of applying consumer protective rules. However, what if a person is acting partly for professional purpose and partly for private purpose? What criterion should be relied upon to classify a dual-purpose contract? Whether the private purpose must be predominant or primary, or it is irrelevant as long as the professional purpose is non-negligible? What if a person changes the purpose after the conclusion of contract? Whether the original purpose or the subsequent purpose should be decisive? This article aims to clarify the notion of hybrid consumer or dual-purpose contract in European private international law. The CJEU case might show that a less strict criterion is adopted to determine the legal nature of dual-purpose contracts. Compared to the notion of consumer in EU consumer directives and the 2019 Hague Judgments Convention, it might be advisable to adopt the non-predominant or primary purpose criterion. Accordingly, a dual-purpose contract is a consumer contract if the person is acting primarily outside of his trade or profession (primarily for personal, family or household purposes), or the professional purpose is so limited as not to be predominant. Meanwhile, a dynamic or ex post approach, albeit secondary to the static or ex ante approach, shall be adopted in examining the purpose of a dual-purpose contract. The subsequent change of purpose is relevant.
13
Hesselink, Martijn W. "European Contract Law: A Matter of Consumer Protection, Citizenship, or Justice?" European Review of Private Law 15, Issue 3 (June 1, 2007): 323–48. http://dx.doi.org/10.54648/erpl2007021.
Анотація:
Abstract: In its ‘First Annual Progress Report on European Contract Law and the Acquis Review’, the European Commission recently announced that, within the Common Frame of Reference process, it will prioritize the revision of the consumer acquis. This ‘reprioritization’ has a number of practical consequences. However, the more fundamental question is what the effect of a renewed focus on consumer protection will be on the character of European contract law, and on the way in which the Union addresses and views the people living in Europe. This question will become all the more important if the Commission is going to attempt, as it seems to envisage, some comprehensive and exclusive European legislation with regard to contracts with consumers (all or certain important ones, notably sales). Obvious alternatives to the consumer protection approach to the Europeanization of contract law include the perspectives of European citizenship and of justice. Does it matter whether European contract law is developed as a matter of consumer protection, citizenship or justice? Or, to put it differently, does it make a difference for a contracting party whether she is treated as a consumer, a citizen or a person? This paper argues that it does. It presents the European policies with regard to consumer protection, European citizenship and the Area of justice, and discusses the kind of contract law that each of these approaches leads to and the kind of society they contribute towards. Both the citizenship and, in particular, the consumer protection approach are rejected as an exclusive approach to contract law because they are reductive. They fail to take into account important aspects of human life which would be included in an approach to contract law from the perspective of justice. The conclusion is that European contract law should become a matter of justice. As a consequence, the European Union will need to provide a legal basis for treating contract law as a matter of civil justice. Moreover, the Union will have to articulate a common European conception of justice in contract law. Résumé: Dans son premier rapport annuel sur l’état d’avancement du droit européen des contrats et de la révision de l’acquis, la Commission européenne a annoncé qu’elle donnerait, dans le processus d’un cadre commun de références, la priorité à la révision de l’acquis en matière de protection des consommateurs. Cette priorité renouvelée a un certain nombre de conséquences pratiques. La question fondamentale est cependant celle de l’effet d’une nouvelle accentuation sur la protection des consommateurs, sur les caractéristiques du droit européen des contracts et sur la manière dont l’Union perçoit les personnes vivant en Europe et s’adresse à eux. Cette question deviendra de plus en plus importante si la Commission s’apprête à mettre en oeuvre, comme cela semble envisageable, une législation européenne complète et exclusive relative aux contrats de consommateurs (ou certains contrats importants, comme par exemple les contrats de vente). Des alternatives évidentes à la protection des consommateurs comme manière d’aborder la question de l’européanisation du droit des contrat incorporent des perspectives de citoyenneté européenne et de justice. Est-ce important que le droit européen des contrats soit developpé comme une question de protection des consommateurs, ou co
14
Manurung, Iwan P., Budi Santoso, and Joko Setiono. "Online Buying and Buying Regulation Based on Law Number 8 Year 1999 Concerning Consumer Protection and Law Number 19 Year 2016 Regarding Amendment to Law Number 11 Year 2008 Concerning Electronic Information and Transactions." International Journal of Law and Politics Studies 5, no. 1 (February 11, 2023): 172–79. http://dx.doi.org/10.32996/ijlps.2023.5.1.20.
Анотація:
This study aims to analyze the online trading arrangements based on Law Number 8 of 1999 concerning consumer protection and Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning electronic information and transactions. The study used a normative juridical approach. The results show that legal protection for online shopping consumers can be provided in terms of legal certainty as stipulated in the laws and regulations governing online shopping, namely Law Number 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Electronic Transaction Information in conjunction with Law No. 8 of 1999 concerning Consumer Protection. The existence of an electronic contract, as regulated in Article 18 (1) of the ITE Law, is recognized and has the same position as a conventional sale and purchase contract. Through electronic contracts, consumers can sue business actors if a dispute arises due to the electronic transaction.
15
Schaub, Martien. "How to Make the Best of Mandatory Information Requirements in Consumer Law." European Review of Private Law 25, Issue 1 (April 1, 2017): 25–44. http://dx.doi.org/10.54648/erpl2017003.
Анотація:
Abstract: EU consumer protection relies inter alia on information requirements imposing on traders the duty to provide specific and mandatory information to consumers before the conclusion of a contract. If consumers make well informed choices this can serve their individual interest, but it is also thought to contribute to a healthy market. However, the imposition of stringent and specific information requirements has been criticized from several points of view. For example, behavioural scientist have argued that more information does not necessarily lead to better decisions. From an economic point of view, information requirements can even be harmful to consumer interests. Nevertheless, information requirements form a substantive part of EU consumer protection and therefor this contribution explores how information requirements may be of added value. It is argued that information requirements can add value to consumer protection when regarded in relation to general contract law. This point is illustrated by an analyses of the information duties of the Consumer Rights Directive in relation to general contract law.
16
Steennot, Reinhard. "Public and Private Enforcement in the Field of Unfair Contract Terms." European Review of Private Law 23, Issue 4 (August 1, 2015): 589–619. http://dx.doi.org/10.54648/erpl2015039.
Анотація:
Abstract: In 1993, the European legislator enacted the European Directive on Unfair Contract Terms in order to protect consumers from terms creating a significant imbalance between the rights and obligations of the parties to the detriment of the consumer. This article deals with (1) the non-binding nature of an unfair contract term, (2) the possibility to prevent the further use of unfair contract terms by applying for an injunction, and (3) the possibility to act in a repressive manner by imposing administrative and/or penal sanctions on sellers and suppliers using unfair contract terms. This article will show that national courts are required by the European Court of Justice (ECJ) to invoke the unfairness of a contract term of their own motion and must draw all the consequences of that finding in order to ensure that consumers are not bound by an unfair term. Although the jurisprudence of the ECJ, mainly based on the principles of equivalence and effectiveness, reinforces consumer protection, its impact in reality may not be exaggerated. As long as the case does not lead to court proceedings, the obligation, on behalf of the national courts, to invoke of their own motion the unfairness of a contractual term is not really helpful. Since (1) consumers are in most cases not aware of (the possibility to invoke) rules on unfair contract terms and (2) consumer protection associations often have only limited financial means to apply for injunctions, private enforcement mechanisms can in themselves not realize consumer protection from unfair contract terms. Therefore, public enforcement mechanisms should also be available in order to protect consumers.
17
Muratova, O. V. "The Concept of Transnational Consumer Law in the Modern World." Lex Russica, no. 7 (July 31, 2019): 20–28. http://dx.doi.org/10.17803/1729-5920.2019.152.7.020-028.
Анотація:
The article is devoted to the analysis of changes that have taken place in the regulation of cross-border contractual relations with the participation of consumers in connection with the development of information and telecommunication technologies and e-commerce. The author examines the concept of «transnational online contract» and the influence of a «digital element» on the characteristics of contractual relations. Also, the paper provides for the classification of online contracts with due regard to: 1) the subject matter of the online contract; 2) characteristics of the parties involved in the online contractual relationship; 3) the process of concluding and executing the online contract.Attention is drawn to the fact that new methods of conclusion of contracts has predetermined the emergence of new approaches to qualification of certain aspects of contractual relations between the parties, in particular, it concerns determining the moment of contract conclusion, distinguishing between offer and invitation to offer in online interaction, assessing the validity of online contracts and dispute resolution mechanisms online.The article analyzes the impact of globalization of trade on consumer markets, mechanisms of regulation of transnational consumer relations in the context of e-commerce. It is noted that globalization of trade has pointed to the need to develop a transnational approach to the regulation of e-commerce, to unify and harmonize relevant legal instruments. The author examines the steps taken in this direction within the framework of UNCITRAL, the EU, by the representatives of American business. It is concluded that the US policy concerning consumer protection is aimed at implementation of economic interests of business, which promotes competition and commercial prosperity in the market, but at the same time puts consumers at risk when concluding online contracts. This approach runs counter to the EU policies that promote implementation of social regulation in order to maximize consumer protection.The authors consider Lex mercatoria as a separate source of transnational consumer law.
18
Południak-Gierz, Katarzyna. "Wpływ dyrektyw 2019/770 oraz 2019/771 na poziom ochrony konsumenta w ramach reżimu rękojmi w prawie polskim." Prawo w Działaniu 54 (2023): 172–99. http://dx.doi.org/10.32041/pwd.5406.
Анотація:
Legislative changes introduced during the transposition of Directives 2019/770 and 2019/771 affected the level of consumer protection in Polish law in different ways. Regulating contracts for the supply of digital content and services, introducing new criteria for compliance with the contract, expressly requiring a qualified consensus if the subject of the contract is defined as deviating from the standard, addressing the issue of update, legal defects, partial withdrawal from the contract, and the possibility of withholding payment of the price until fulfillment of obligations due to non-compliance of the item with the contract improved consumers’ protection. In contrast, introducing a hierarchy of remedies for non-conformity of sold goods and the obligation to take into account the need to promote more sustainable consumption and circular economy when interpreting the provisions transposing Directive 2019/771 have a negative impact on consumer legal position. Finally, chosen manner of transposition lead to the fragmentation of the system of liability for non-conformity with the sales contract and further fragmentation of the regulation of contracts for the supply of digital content and services.
19
Wilhelmsson, Thomas. "Cooperation and Competition Regarding Standard Contract Terms in Consumer Contracts." European Business Law Review 17, Issue 1 (February 1, 2006): 49–72. http://dx.doi.org/10.54648/eulr2006004.
20
Staudenmayer, Dirk. "The Place of Consumer Contract Law Within the Process on European Contract Law." Journal of Consumer Policy 27, no. 3 (September 2004): 269–87. http://dx.doi.org/10.1023/b:copo.0000040518.39107.6a.
21
Schulte-Nölke, Hans. "Incorporation of Standard Contract Terms on Websites." European Review of Contract Law 15, no. 2 (June 6, 2019): 103–29. http://dx.doi.org/10.1515/ercl-2019-0014.
Анотація:
Abstract The draft of the American Law Institute’s Restatement of Consumer Contracts reflects the jurisdiction of the US courts on the ‘adoption’ (as the draft calls it) of standard contract terms into consumer contracts. This draft is of great value to European lawyers in understanding US developments, but it may also stimulate a reflection on the state and possible evolution of European legal systems. It turns out that in the United States, as in Europe, the law on the adoption of standard contract terms is still heavily influenced by cases from the pre-digital and paleo-digital era. This article explains the rules of the Restatement for the adoption of standard contract terms, tests their functionality, in particular using the example of websites, makes some drafting suggestions and puts forward a proposal for the further development of the law on the adoption of standard contract terms of websites. The adoption of standard contract terms governing the use of a website should not require that consumers receive a notice of the standard contract terms prior to entering that website. The requirements for the adoption of standard contract terms should be seen as mainly, if not only, having the purpose of pinpointing the wording of a contract for later reference if necessary.
22
Ali, Yunus. "Catering Contract of Restaurants in the English Law. A Comparative Analytical Study with Iraqi Civil Law." مجلة العلوم القانونية 37, no. 1 (June 15, 2022): 1–46. http://dx.doi.org/10.35246/jols.v37i1.450.
Анотація:
The Catering contract is considered as a type of hospitality contracts in the English common law of customary origins. Which is unwritten and based upon judicial precedents of the English courts. It is a complex contract of mixed nature، Is Regarded as a contract for the sale of meals of food and drink،, and is considered as a contract for supply of services concerning the preparation of food and drink، for providing them to the customer، as well as being a bailment contract. It is worth-bearing in mind that this contract is subject to the rules of three important English legislations: The Sale of Goods Act 1979، The Supply of Goods and Services 1982، The Consumer Protection Act 1987، and The Consumer Rights Act 2015. It is also worth-mentioning that a lot of Statutorily Implied Terms can be extracted from this contract. Whereas the Iraqi civil code No.40 of 1951 did not regulate expressly this contract within the nominate contracts، but the rules of both the contract of sale and enterprise can be applied to this contract، because it contains sale of food and drink، as well as other services closely related to it، which the restaurateur provides to the customer.
23
Howells, Geraint. "Consumer protection and european contract law harmonisation." ERA Forum 6, no. 1 (January 2005): 45–47. http://dx.doi.org/10.1007/s12027-005-0007-3.
24
Howells, Geraint. "Consumer protection and European contract law harmonisation." ERA Forum 7, no. 1 (January 2006): 45–47. http://dx.doi.org/10.1007/s12027-006-0053-5.
25
Barakatullah, Abdul Halim. "Personal Liability For Loss Of Business Of Consumer In Electronic Transaction Using The Standard Contract." Lambung Mangkurat Law Journal 1, no. 2 (August 30, 2016): 129–40. http://dx.doi.org/10.32801/abc.v1i2.20.
Анотація:
Abstract: Standard contract in electronic transactions in the business-to-consumer as contract online is offered by business actor to consumers in the form of ‘take it or leave it’. Almost all standard contracts in electronic transaction cannot be negotiated. These contracts are businesses utilized to circumvent and ignore the rights of electronic consumers. This electronic transaction has its own characteristics when compared to conventional transactions. Based on the principle of contract freedom, then the contract can be made in any form and binding as law for the parties. Therefore the consumer protection should be equated with consumer conducting transactions conventionally. Under the provisions of UUPK stated that businesses are prohibited from creating a standard clause in the contract that the form of the transfer of responsibility. Consequently, the violation of the provisions of the standard clause that has been set by the business is declared null and void. The principle of responsibility is also adopted in principle of the presumption of UUPK is to always be responsible (presumption of liability principle) by the burden of reversed proof. For greater protection for consumers in electronic transactions, it is right in Indonesia to implement the principle of absolute liability in providing maximum legal protection for consumers in transactions in cyberspace.
26
Loos, Marco B. M. "The Influence of European Consumer Law on General Contract Law and the Need for Spontaneous Harmonization." European Review of Private Law 15, Issue 4 (August 1, 2007): 515–31. http://dx.doi.org/10.54648/erpl2007029.
Анотація:
Abstract: In the discussions on European contract law, the important position of European consumer law is broadly acknowledged. Even though there are exceptions, undoubtedly the core of European contract law primarily consists of directives in the area of consumer law. In many legal systems, these directives have extensively influenced the very heart of contract law, especially in the area of unfair contract terms and consumer sales. As a result, areas of ‘Europeanized’ contract law have emerged within national contract law. This process endangers the much-desired coherence of national contract law, as European (consumer) contract law in the cases governed by a directive requires a ‘European’ interpretation of sometimes well-known concepts in contract law, whereas in other cases the traditional ‘national’ interpretation is maintained. In this paper it is argued that striving for coherence requires legislators and courts to consider the ‘spontaneous harmonization’ of European contract law as a means to protect the coherence of the national legal system. Résumé: Dans les discussions sur le droit européen du contrat, l’importance de la position du droit européen de la consommation est largement reconnue. Quoiqu’il y ait des exceptions, sans aucune doute le noyau du droit du contrat d’origine européenne comprend principalement des directives en matière de droit de la consommation. Dans de nombreux systèmes juridiques ces directives ont largement influencé le c?ur même du droit du contrat, particulièrement en ce qui concerne des clauses abusives et des ventes du consommateur. En conséquence, des îlots de droit du contrat ‘européanisé’ ont émergé dans le droit du contrat national. Ce processus met en danger la cohérence du droit du contrat national, le droit européen du contrat, essentiellement droit de la consommation, exigeant, dans les cas régis par une directive européenne, une interprétation ‘européenne’ de concepts parfois bien connus du droit du contrat, tandis que dans d’autres cas la traditionnelle interprétation ‘nationale’ est maintenue. Cet article soutient que le maintien de cette cohérence requiert du législateur et des juges qu´ils prennent en compte l’ ‘harmonisation spontanée’ du droit européen du contrat comme un moyen de protéger la cohérence du système juridique national. Zusammenfassung: In der Diskussion um das Europäische Vertragsrecht ist die besondere Bedeutung des europäischen Verbraucherrechts allgemein anerkannt. Trotz einiger Ausnahmen besteht der Kern des Europäischen Vertragsrechts (der Europäischen Gemeinschaft) ohne Zweifel aus Richtlinien im Bereich des Verbraucherrechts. In vielen Rechtssystemen haben diese Richtlinien das Herz des Vertragsrechts stark beeinflußt; das gilt besonders im Bereich der mißbräuchlichen Vertragsklauseln und im Bereich des Verbrauchsgüterkaufrechts. Infolgedessen sind innerhalb des nationalen Vertragsrechts Inseln von ‘europäisiertem’ Vertragsrecht entstanden. Dieser Prozeß gefährdet die dringend erwünschte Kohärenz des nationalen Vertragrechts: Das Europäische (Verbraucher-) Vertragsrecht erfordert na¨mlich im jeweiligen Anwendungsbereich einer Richtlinie eine ‘europäische’ Interpretation der Konzepte des allgemeinen Vertragsrechts, während in anderen Fällen die traditionelle ‘nationale’ Int
27
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.
Анотація:
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.
28
Park, Jong Mi. "Consumer Protection in the Cultural Industries." Institute for Legal Studies Chonnam National University 42, no. 4 (November 30, 2022): 65–87. http://dx.doi.org/10.38133/cnulawreview.2022.42.4.65.
Анотація:
If the contents of a sound source or book, which can be said to be products of the cultural industry, violate the Copyright Act (plagiarism), can the consumer who purchased the product cancel the product purchase contract or claim damages? Wouldn't it be possible to constitute the same legal principles that consumers who purchased products from general industries as they can cancel the contract or claim damages if the purchased product is a violation of the law? Considering the role of consumers in the growth of the cultural industry, it is necessary to recognize their rights as consumers of the cultural industry. We reviewed whether the rights of cultural consumers could be recognized under the current law. As a result of reviewing the provisions of the Framework Act on Consumers, various cultural industry-related laws, copyright laws, and civil laws, Even if copyright violations are admitted, Considering the specificity of consumers of cultural products and the characteristics of the legal structure, it is difficult to find a basis for consumers to cancel contracts or claim damages under the current law. If the current law cannot solve the problem, a policy should be established to allow consumers to exercise their rights.
29
Lilleholt, Kåre. "A Half-built House? The New Consumer Sales Directive Assessed as Contract Law." Juridica International 28 (November 13, 2019): 3–8. http://dx.doi.org/10.12697/ji.2019.28.01.
Анотація:
The new Consumer Sales Directive (2019/771 EU) is a total harmonisation directive intended to make cross-border sales more attractive to sellers by ensuring that the level of consumer‑protection rules differs less among Member States. The legislation process resulted, however, in several exceptions to this approach of total harmonisation. These exceptions, coupled with the fact that the directive does not regulate the consumer’s obligations under the sales contract, means that sellers must still be prepared to grapple with considerable differences in the level of consumer protection when offering their goods to consumers in other countries than their own. The Europeanisation of contract law seems to remain a contentious arena.
30
Biemans, Jan. "Reward-Based Crowdfunding and EU Consumer Rights." European Review of Private Law 28, Issue 1 (March 1, 2020): 51–72. http://dx.doi.org/10.54648/erpl2020004.
Анотація:
Crowdfunding has become a popular and mainstream way of financing projects and businesses, ranging from community projects and charities to small and mediumsized enterprises (SMEs), creative projects and high potential start-ups. Of the four types of crowdfunding that can be distinguished, this article focuses on reward-based crowdfunding. It will be argued that contracts concluded under a reward-based crowdfunding project within the EU will generally fall within the scope of several EU consumer rights regulations, including the Consumer Rights Directive. This article will focus on the contractual rights and obligations under this directive. As a reward-based crowdfunding project, apart from some exceptions, will have to comply with this directive, the crowdfunding platform and/or the crowdfunding initiator will have to comply with information and delivery requirements, of which especially the delivery requirement do not fit the nature of reward-based crowdfunding. Non-compliance may lead to consumers having the right to terminate, which may compromise the crowdfunding project, as it depends on the participation of the crowd. Possibly the biggest threat to reward-based crowdfunding is the right of withdrawal. Where the withdrawal period for services contract ends 14 days after the conclusion of the contract, with sales contract this period only ends 14 days after the delivery of the goods. The article argues for tailor made exemptions in the Consumer Rights Directive in order to avoid that exercising the right to withdrawal by one or more consumers leads to the collusion of the crowdfunding project.
31
SULE, IBRAHIM, and Nnadozie, Chi Eric. "The Differences Made by the Transposition of the Consumer Sales and Guarantees Directive (1999) into English law: Could a case be made for extending the Changes to Non-Consumer Contracts?" International Journal of Law and Politics Studies 4, no. 2 (October 28, 2022): 27–35. http://dx.doi.org/10.32996/ijlps.2022.4.2.4.
Анотація:
It used to be a principle of English law that a seller or a party to a contract was not under a legal obligation to disclose to the buyer or the other party to the contract any facts relating to the contract, even if that fact “would have materially influenced” his decision to the contract. This principle was governed by the legal maxim of caveat emptor, i.e., let the buyer beware. The rle of caveat emptor ‘used’ to apply to a contract of sale of goods and other forms of contract except if the buyer could show that there was an express warranty of quality or there was fraud on the part of the seller. However, in relation to the sale of goods, which is the subject matter of this article, it may be argued that besides this known exception, the rule “has been tempered” by an implied condition in the common law that where the goods are sold by description, they shall be of merchantable quality “[answering] the description in the contract”. Although a purchaser could not benefit from this common law implied condition in the sale of specific goods, where he expressly demanded the goods for a particular purpose, there was an implied condition that the goods should be reasonably fit for that purpose.These common law rules applied even before the Sale of Goods Act 1893. Firstly, this article brings out and analyses, in terms of the sale of goods, some of the differences that have been affected by the transposition of the Directive on consumer sales and guarantees into English law through the 2002 Regulations, with emphasis on the key provisions of the Regulations, i.e., Reg. 3, 4, 5, and 15-16. Secondly, as these Regulations, as well as the changes they brought, aimed at protecting person “who deals as consumer” or consumers generally, this article argues whether or not a case could be made for extending these changes to non-consumer contracts. It may be interesting to note that, whereas the changes made by the 1994 Act were “plainly directed towards finding a formulation which is appropriate to the consumer as well as to commercial sales,”; the 2002 Regulations, on the other hand, are directed only to consumers.
32
Abdullah, Farhah, Jusniza Abdul Jamal, Norsyazrah Zulkifli, Ainul Mardhiyyah Tajudin, Cartaz Ummu Syawaeda Jaiman, and Nurulhasni Shaari@Mat Saman. "The Legal Approaches on Regulating Unfair Contract Terms in Malaysia and Australia." Law, Policy, and Social Science 1, no. 2 (November 13, 2022): 1–16. http://dx.doi.org/10.55265/lpsjournal.v1i2.11.
Анотація:
In this global economy, the improvement in the daily technologies and the liberalization of trade has now given impact to nowadays contract which will affect the consumer protection system of every jurisdiction. To keep the consumer protection remain alive, they have to manage a certain law to keep the consumer against the unfair term in a certain contract in order to help the consumer from being biased in a contract. The unfair term significantly gave certain advantages against the consumer. In order to prevent this kind of thing happening, the consumer contract law has been enacted to give the right to the consumer and balance their inequalities in bargaining power. This article intends to explore more about the judicial and legislative interference on the unfair terms in consumer contracts in Malaysia and Australia. This article also aiming on comparing the Malaysian Consumer Protection Act 1999 with the Australian legal framework. The analysis shows that unfair terms have been treated as a polemic that requires the paternalistic intervention of government through specific legislation. This research therefore suggests the specific legislation in Malaysia as a measure to minimise the oppression and injustice in consumer contracts. By adopting the content analysis method, this paper aims at exploring the legal control of unfair terms and exclusion of liability in ‘business to consumer’ (B2C) contracts in Malaysia and Australia.
33
Grundmann, Stefan. "A Modern Standard Contract Terms Law from Reasonable Assent to Enhanced Fairness Control." European Review of Contract Law 15, no. 2 (June 6, 2019): 148–76. http://dx.doi.org/10.1515/ercl-2019-0011.
Анотація:
Abstract This paper gives a birds’ eye view on the ALI Restatement on Consumer Contracts (proposal) and European, and partly also Member State, law of standard contract terms with respect to the environment where these standard contracts and assent to them appears to be particularly fleeting, namely in digital contexts. It does so, however, with a broader scope: It tries to explain why assent rules are not meaningless even in a world where most consumers and customers do not read standard contract terms, and it tries to explain how lessons could be deduced also for a meaningful and more differentiated fairness control. It argues that favouring intervention of control (ie information) intermediaries – such as consumer associations – is key and that the preservation of possibilities for negotiation should be maintained and valued. In these respects, the paper is inspired in good part by company law and capital market law dealing with parallel problems.
34
Svensson, Ola. "The Unfair Contract Terms Directive." Nordic Journal of European Law 3, no. 2 (December 23, 2020): 24–38. http://dx.doi.org/10.36969/njel.v3i2.22099.
Анотація:
The harmonisation of consumer law in Europe has been an important objective within the EU. Efforts have focused not only on improving the functioning of the internal market, but also on securing a high level of consumer protection in the Member States. With regard to consumer contracts, the Unfair Contract Terms Directive has come to play a key role, not least due to the case law of the European Court of Justice in this area in recent years. This article examines the need for an unfairness test of standard contracts and argues that the directive can be expanded to also include individually negotiated contract terms, and terms that relate to the main subject matter of the contract, the adequacy of the price, and changed circumstances. Such amendments would result in a greater correspondence between EU law and Swedish and Nordic law. Although full harmonisation is not possible in the short term, I will argue that a revision should point in this direction. However, I will begin my account with a presentation of the directive and how it has been implemented in Swedish law.
35
Rühl, Giesela. "Common Law, Civil Law, and the Single European Market for Insurances." International and Comparative Law Quarterly 55, no. 4 (October 2006): 879–910. http://dx.doi.org/10.1093/iclq/lei133.
Анотація:
AbstractFifty years after the foundation of the European Communities, the single market for insurances has not yet become a reality. Despite the harmonization of insurance supervision law, insurance companies still essentially refrain from cross-border activity when it comes to small commercial and consumer risks. Since this finding is usually attributed to the lack of common rules on insurance contracts, this article sets out to lay the foundation for the harmonization of the corresponding national laws. By providing a comparative analysis of two of the most pervasive issues in consumer insurance contract law, the article proves that common law and civil law are not as far apart as commonly assumed. It thus refutes the widely held belief that the insurance contract laws of common law and civil law countries are too different to be harmonized.
36
Prystai, R., and І. Yavorska. "Consumer rights protection in digital contracts within the framework of the European Union." Uzhhorod National University Herald. Series: Law 2, no. 74 (February 10, 2023): 255–61. http://dx.doi.org/10.24144/2307-3322.2022.74.77.
Анотація:
Having analyzed the mechanisms of consumer rights protection in the field of concluding electronic contracts, it is noted that there is no separate definition of the concept of this type of contract in EU law, instead the concept of a distance contract is used. EU law regarding the conclusion of contracts in electronic form allows the use of various forms of negotiations between the parties, which is the main feature of this type of contract. From this, we came to the conclusion that in the process of protecting the rights of consumers in the field of electronic commerce, it is appropriate to use the general concept of a distance contract and apply to it the norms arising from the legislation on the protection of consumer rights.
It is indicated that at the EU level, the system of consumer protection in electronic contracts is horizontal in nature. Thus, the main Directives are Directive 2019/770 «On certain aspects of contracts for the supply of digital content and digital services» and Directive 2019/771 «On certain aspects of contracts for the sale of goods». Together with them, Directive 2011/83 «On Consumer Rights» (CRD) and the new EU Directive «On Better Implementation and Modernization of EU Consumer Rights Protection» (2019/2161/EU) apply when concluding contracts. General EU rules on consumer protection when using electronic payment methods were also established. In January 2018, the existing legal regulation was replaced by Directive No. 2015/2366 «On Payment Services in the Internal Market» (or PSD 2). PSD 2 introduced additional protections for online and mobile payments and strengthened security requirements, which in turn, along with other measures, provided additional guarantees for consumers’ rights to conclude and execute electronic contracts.
It was noted that the judicial practice of the EU Court in the field of consumer rights protection also allows us to assert a constant increase in attention to ensuring more effective protection of the rights of consumers who are parties to electronic contracts. Among the essential mechanisms for guaranteeing the protection of consumer rights, the durable medium principle, which is widely used in judicial practice, means the possibility of using an electronic means of communication that is considered acceptable for providing information. as it allows the client to store information addressed personally to this client in a way accessible to him and for a period of time sufficient for the purposes of the information and which allows the unchanged reproduction of the stored information.
The EU Directive «On Better Enforcement and Modernization of EU Consumer Protection» (2019/2161), part of the «New Deal for Consumers» package, improves the rules for digital developments, such as the transparency of online markets, aimed at guaranteeing equal rights of consumers to «free» digital services, ensuring transparency of consumer feedback, ensuring the possibility of submitting claims for price reductions.
Thus, regulatory regulation and judicial practice in the field of EU consumer rights protection should be taken into account during normative design activities in Ukraine, during bringing legislation into line with EU law, as one of the priority areas of harmonization, and reflecting and taking into account changes in the methods of concluding agreements to guarantee sufficient mechanisms for the protection of consumer rights during the conclusion of electronic contracts.
37
Kārkliņš, Jānis, and Vadim Mantrov. "The Place of Contract for Digital Thing in Latvian Contract Law Within the Context of the Consumer Sale Directives 2019." Journal of the University of Latvia. Law 14 (2021): 68–79. http://dx.doi.org/10.22364/jull.14.04.
Анотація:
The article aims to explore the place of contract for digital thing (i.e., a good with digital elements; digital content; and digital service) from the point of view of Latvian contract law considering the recently adopted Consumer Sale Directives 2019 (Directives 2019/770 and 2019/771). The topicality of the article’s theme is rooted in transposition of these directives into Latvian national law. On the one hand, it is necessary to find a proper place for classification of contract for a digital good considering approaches and contents of Latvian contract law for the appropriate understanding of this contract within Latvian contract law and, speaking broadly, Latvian civil law. On the other, the transposition of these directives would mean that digital goods for nonconsumers will remain without explicit regulation because these directives are intended to be transposed into consumer rights protection law being as lex specialis without introducing any amendments into general contract law. At the beginning, the present article provides an overview of the place of contract for a digital thing before transposition of the Consumer Sale Directives 2019 into Latvian consumer rights protection law, i.e., in the current regulation of Latvian contract law. The article continues with analysis of the expected place of contract for a digital thing after the currently intended transposition of these directives. Afterwards the article addresses the consequences of that transposition. The article concludes with summary following the discussion contained therein.
38
Torino, Raffaele. "European consumer contract law: outlines, principles and perspectives." CITTADINANZA EUROPEA (LA), no. 1 (August 2016): 77–106. http://dx.doi.org/10.3280/ceu2016-001005.
39
Faure, Michael. "Towards a Maximum Harmonization of Consumer Contract Law?!?" Maastricht Journal of European and Comparative Law 15, no. 4 (December 2008): 433–45. http://dx.doi.org/10.1177/1023263x0801500401.
40
Żok, Krzysztof. "Law Applicable to Cloud Computing Contracts Concluded with Consumers under Regulation 593/2008, According to the CJEU Case Law." Masaryk University Journal of Law and Technology 14, no. 1 (June 26, 2020): 83–104. http://dx.doi.org/10.5817/mujlt2020-1-4.
Анотація:
The undoubted popularity of cloud computing stems in particular from the fact that the provider can simultaneously offer access to his or her computing resources to an almost unlimited number of users located in different countries. Although this feature brings significant benefits to the provider, it also raises serious questions regarding the law governing the contract. The concerns become especially relevant in the case of contracts concluded between a consumer and a professional due to the limits of the choice of law and the special rules protecting consumers.The article analyses the law applicable to cloud computing contracts concluded with consumers. The considerations focus on the special provisions regarding consumer protection. Contrary to some comments, the article claims that the current legal framework is sufficient to determine the applicable law, although this task is not without doubts.
41
Yasmin, Munnie. "Legal Liability in Standard Form of Contract." International Research Journal of Engineering, IT & Scientific Research 2, no. 9 (September 3, 2016): 39. http://dx.doi.org/10.21744/irjeis.v2i9.233.
Анотація:
The validity of standard form of contract is not necessary to be disputed. Standard form of contract has become a business necessity in relation to efficiency and effectiveness. The aspect of problems arising in the standard form of contract is the aspect of imbalance position of the parties. Standard form of contract is potential to be abused by parties having stronger bargaining power. One of the forms of the imbalence is the inclusion of exemption clauses which aims to limit or release the liability of one of the parties. Currently, the rules governing the exemption clause exists only in the Law No. 8 of 1999 on Consumer Protection (LCP). Article 18 of LCP governing the standard form of clause is limited to the extent of prohibited form and content, and only aimed at final consumer contracts. In reality, the standard form of clause is also found in commercial contracts which are not only on final consumers but also midst consumers. Based on this matter, it is necessary to elaborate the liabilities of the parties and state in drawing up standard form of contacts.
42
Badenhoop, Nikolai. "Private Law Duties Deriving From EU Banking Regulation and its Individual Protection Goals." European Review of Contract Law 16, no. 2 (June 5, 2020): 233–66. http://dx.doi.org/10.1515/ercl-2020-0013.
Анотація:
AbstractEU regulation both affects private law and increasingly relies on private law mechanisms to ensure its proper enforcement. Prominent examples are competition and capital markets regulation. In contrast, EU prudential regulation of commercial banking predominantly relies on public enforcement via supervisory authorities. This is astonishing given that the protection of individual bank customers emerges as a leitmotiv of EU banking regulation. CRD IV and CRR as the main legislative acts of EU commercial banking regulation strongly promote the goals of depositor and investor protection. More explicitly, the Consumer Credit Directive and the Consumer Mortgage Credit Directive introduced the duty of responsible lending towards consumers. Where the individual bank customer enjoys regulatory attention, but is not protected by public supervisory authorities, private law is best placed to fill the enforcement gap. In light of CJEU guidance, this contribution argues that the current EU banking regulation is open for and even requires private law remedies to enforce individual protection goals. Suitable instruments are contract interpretation, contract nullity and damages.
43
Gargat, І. "Unfair terms in contracts involving consumers." Uzhhorod National University Herald. Series: Law 1, no. 76 (June 14, 2023): 147–52. http://dx.doi.org/10.24144/2307-3322.2022.76.1.22.
Анотація:
The article is devoted to the analysis of unfair terms in contracts with the participation of consumers, a practical problem that often occurs alongside the discussion of measures to strengthen the protection of consumer rights in Ukraine. The modern stage of the development of contract law involves the borrowing of the generally recognized in their effectiveness of the legislation of the EU countries.
The article analyzes the problem of unfair contract terms from the point of view of the legislation of EU countries and concludes that basing the strategy of economic growth on strengthening the protection of consumer rights is an effective legislative approach that is necessary for the future of Ukraine.
In the author's opinion, approaches to inseparability or limited severability of the terms of a consumer contract should provide for the opportunity for the consumer to separate from the unfair term of the contract or to amend the contract with an unfair term, if the invalidity of such a contract can cause irreparable damage to the consumer.
The author proposes to develop an agreed method of replacing unfair conditions based on the practice of alternative provisions and additional interpretations, which is widespread in the EU countries.
The article analyzes interdisciplinary studies that practically confirm the effectiveness of EU legislation in satisfying consumer rights and the effect that this strengthening has on subsidizing new markets of the economy.
As a result, it was established the need to raise the minimum level of consumer rights in Ukraine, since the gap that exists today between Ukraine and the EU in this matter will not allow our country to significantly strengthen its position in the internal European market.
In order to eliminate the problem of unfair conditions in contracts with the participation of consumers, which exists in the civil law of Ukraine, the author proposes to supplement the domestic legislation with the provisions of the articles based on the samples of the civil codes of the EU member states, which were analyzed by him in the text of the article, to develop a certain interpretation or an additional provision that will take the text of Directive 93/13/EEC as a basis, as well as change the existing approach to consumer rights protection in Ukraine.
44
Koll, Kristiina. "Qualification of Consumer Contracts for the Supply of Digital Services under Estonian Law." Juridica International 30 (October 13, 2021): 40–48. http://dx.doi.org/10.12697/ji.2021.30.06.
Анотація:
The EU Digital Content Directive provides for overarching regulation of the supply of digital content and services. In this light, the article presents analysis of how contracts for the supply of digital content or digital services can be qualified under Estonian law. More specific focus is placed on contracts for digital services such as storage in a cloud service or use of Web based software, because it is not entirely clear whether the underlying contracts should be considered some type of contract for use or, rather, some kind of contract for provision of services. The article examines the distinctive characteristics of particular types of contracts for use and for services, such as the possible object of the specific type of contract at issue and the main obligations of the parties, for purposes of determining whether they are suitable for the supply of digital content or digital services. This distinction is important for understanding of the directive’s relationship with national law and how existing rules function in conjunction with the rules of the directive. Also, it regulates only certain aspects of contract law, while the remainder of the contractual relationship is determined by national law – such as that pertaining to obligations of consumers and legal remedies available to traders. These rules may differ between contract types. The article’s analysis is based on comparison of Estonian and German law.
45
Mocanu, Livia. "Specific Features Of The Consumer Credit Contract Enforcement." International conference KNOWLEDGE-BASED ORGANIZATION 21, no. 2 (June 1, 2015): 460–66. http://dx.doi.org/10.1515/kbo-2015-0079.
Анотація:
Abstract Consumers' demands for purchasing goods and services, which are more and more complex and different, have been and are insured, in the absence of the necessary or sufficient amounts of money, by means of credits granted for consumption; the field in question is generically named “consumer credit. This financial-legal mechanism which is widely spread and useful contains the consumer credit contract as key element, which has some specific features for private law, both in terms of its constitution and enforcement. Given its relatively recent existence within the Romanian legal system, the present work aims to carry out an analysis of the main rules governing the enforcement of the consumer credit contract, in the context of the national and European legislation.
46
Petrović Tomić, Nataša, and Mirjana Glintić. "The Hybridization of the Regulatory Framework of Insurance Contract Law: Elements of a New Setting." Anali Pravnog fakulteta u Beogradu 72, no. 2 (June 27, 2024): 223–50. http://dx.doi.org/10.51204/anali_pfbu_24203a.
Анотація:
This article aims to highlight the phenomenon of hybridization of insurance contract law, which started with its emancipation from contract law. The next phase included its internal stratification, stemming from obvious differences between commercial and consumer insurance, and various contractual positions of contracting parties in these different insurance contracts. Two features of insurance contracts regulation are addressed, based on Serbian law as it currently stands, as well as comparative legal analysis. The first feature is that the legislatively envisaged unified regime for insurance contracts is incomplete and inadequate for all manifestations of this contract. The second feature is that regulation of this matter must enable balancing of interests between insurers and insureds, especially consumers. The authors conclude that insurance regulation can only be conducive when simultaneously ensuring protection of the weaker party, protecting insurers from the negligent actions of the insured, while facilitating conduct of insurance business.
47
Calliess, Gralf-Peter. "(Conflict) Principles of European (Consumer) Contract Law – an Update." German Law Journal 5, no. 8 (August 1, 2004): 957–67. http://dx.doi.org/10.1017/s2071832200012992.
Анотація:
In April 2003 I commented on the European Commission's Action Plan on a More Coherent European Contract Law [COM(2003) 68 final] and the Green Paper on the Modernisation of the 1980 Rome Convention [COM(2002) 654 final]. While the main argument of that paper, i.e. the common neglect of the inherent interrelation between both the further harmonisation of substantive contract law by directives or through an optional European Civil Code on the one hand and the modernisation of conflict rules for consumer contracts in Art. 5 Rome Convention on the other hand, remain pressing issues, and as the German Law Journal continues its efforts in offering timely and critical analysis on consumer law issues, there is a variety of recent developments worth noting.
48
Conklin, Kathy, Richard Hyde, and Fabio Parente. "Assessing plain and intelligible language in the Consumer Rights Act: a role for reading scores?" Legal Studies 39, no. 3 (January 10, 2019): 378–97. http://dx.doi.org/10.1017/lst.2018.25.
Анотація:
AbstractUnder the Consumer Rights Act 2015 consumer contracts and consumer notices are required to be expressed in plain and intelligible language. This is a difficult concept to capture. Determining whether a contract is expressed in plain and intelligible language involves resource-intensive work by regulators and difficult adjudications by courts. This paper explores whether reading scores present a viable alternative. Can a simple computer program tell a consumer, a business, a regulator or the court that a particular contract is not expressed in plain and intelligible language? The paper begins by exploring the concept and role of plain and intelligible language in the Consumer Rights Act, before considering the ways that reading scores have developed and been used in legal contexts. We then report on the findings of an experimental examination of insurance contracts using a basket of reading scores, using our findings to draw conclusions about the utility of reading scores in determining whether a contract is expressed in plain and intelligible language. We find that reading scores can play a role in such determinations, but that further work is needed to provide appropriate tools for business, regulators and courts to use in assessing plain and intelligible language.
49
Anna Maria Tri Anggraini, Megawati Simanjuntak, Arief Safari, Rizal E. Halim, and Slamet Riyadi. "Consumer Protection in the Retail and Financial Services Sectors against the Practice of Exoneration Clauses." Journal of Consumer Sciences 7, no. 2 (August 13, 2022): 83–96. http://dx.doi.org/10.29244/jcs.7.2.83-96.
Анотація:
The rapid development of the business world has resulted in several changes to business actors in carrying out their business activities. This encourages the emergence of standard agreements as practicality in conducting transactions. This study aims to analyze consumer protection law and apply the principles of freedom of contract in standard agreements in online and retail financial services businesses—the descriptive qualitative method with data collection techniques using in-depth interviews and documentation studies. Informants were selected by purposive sampling. The results show that standard clauses have been regulated in Article 18 of the Consumer Protection Law. However, in practice, clauses are still found that violate and transfer responsibility to the detriment of consumers. Furthermore, regarding consumer dispute resolution, there is an overlap issue between the Financial Services Authority (OJK) and the Consumer Dispute Resolution Agency (BPSK). Therefore, if viewed from the principle of freedom of contract, the standard agreement cannot fulfill the principle of freedom of contract, and consumer protection, so especially in the financial services sector and retail, needs to increase preventive and repressive supervision by providing several alternatives dispute resolutions for disadvantaged consumers.
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Reich, Norbert, and Hans-W. Micklitz. "The Court and Sleeping Beauty: The revival of the Unfair Contract Terms Directive (UCTD)." Common Market Law Review 51, Issue 3 (June 1, 2014): 771–808. http://dx.doi.org/10.54648/cola2014061.
Анотація:
The paper gives an overview of the increased litigation leading to innovative case law of the ECJ concerning the scope and effects of the Unfair Contract Terms Directive (Directive 93/13/EEC) on consumer contracts, in particular financial services and services in the general economic interest. The originally limited impact of the Directive on Member State contract law and procedure has been substantially extended - as a metaphor, one may even say that a "Sleeping Beauty has been kissed awake" by the Court! The authors follow the recent case law both in its legal and economic consequences on consumer protection in the EU internal market. The paper ends with an outlook on the state of "Social Contract Law in the EU" - hoping to provoke a broader discussion on the concept and limits of a "Europeanization" of contract law already under way.