Influences of Comparative Law in Uruguayan Consumer Protection Law

2022 ◽  
Author(s):  
D. Szafir ◽  
H. Marks
Keyword(s):  
Consumer Protection ◽  
Comparative Law

scholarly journals Comparative Law Analysis of Consumer Protection Law in E-Commerce Transaction Between Indonesia and United States

2021 ◽  
Vol 5 (2) ◽  
pp. 11-25
Author(s):  
Felix Pratama Tjipto
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Consumer Protection ◽  
Rapid Growth ◽  
Comparative Law ◽  
Legal Framework ◽  
Abuse Of Power ◽  
Online Transactions

Innovation of technology and rapid growth of digitalization is steadily increasing its capacity in supporting human daily tasks, one of which is through online transactions that are increasing rapidly due to the occurrence of COVID-19 pandemic which forces people to do their activities from home. Nevertheless, the increased usage of technology directly affects the rise in creating loopholes and abuse of power which may violate the regulations and consumer’s rights in doing online transactions. This paper shall discuss and provide comparative and statute approach analysis between Indonesian and U.S law, its creation methods, organizations involved and law enforcement since it is important to address this issue in order to ensure that the enforcement of a solid legal framework is really being applied to regulate this matter. 

scholarly journals IIMPLEMENTATION OF LEGAL CERTAINTY ON COMPARATIVE STUDIES OF IJARAH MUNTAHIYA BITTAMLIK & RENTAL CONTRACT

Jurnal Akta ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 121
Author(s):  
Moh. Nurul Huda ◽  
Muhammad Ridwan Lubis
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Comparative Studies ◽  
Research Method ◽  
Comparative Law ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
Freedom Of Contract ◽  
Economic Law

In recent times, it has become common among the public regarding the Ijarah Muntahiya Bittamlik (IMBT) contract. IMBT is a contract similar to a lease and purchase agreement. In practice in the community, these two contracts are carried out by means of renting first and ending with buying and selling. Although, in general they have similarities, these two agreements have differences that have different consequences. The research method used in this study is doctrinal legal research with a comparative law approach. The results of this study indicate that the IMBT contract has more legal certainty than the lease-purchase agreement. This is because the IMBT contract has provisions regulated in the Sharia Banking Law, the Sharia Economic Law Compilation, and PSAK No. 107 concerning Ijarah and IMBT accounting, while the lease purchase agreement is only based on the principle of freedom of contract. The implementation of the IMBT contract also has more legal certainty, considering that dispute resolution efforts can be carried out through the provisions of Article 283 and Article 284 of the KHES by carrying out sales of the disputed object. This is different from a lease-purchase agreement, where dispute resolution efforts are generally carried out through unilateral withdrawals and the agreement also contains standard clauses that have the potential to violate Article 18 of the Consumer Protection Law.

Decisions issued by the President of the Office of Competition and Consumer Protection regarding the imposition of penalty payments on entrepreneurs as a repressive sanction

2018 ◽  
Vol 5 (2) ◽  
pp. 243
Author(s):  
Ewelina DANEL
Keyword(s):  
Consumer Protection ◽  
Public Interest ◽  
Economic Freedom ◽  
Design Research ◽  
Comparative Law ◽  
The Public ◽  
Historical Method ◽  
The Law ◽  
Teleological Interpretation ◽  
Unintentional Action

Aim:The purpose of this paper is to draw attention to the nature of decisions issued by the President of the Office of Competition and Consumer Protection regarding the imposition of penalty payments on entrepreneurs for infringements of the Protection of Competition and Consumers Act of February 26, 2007, which is one of the indications of restrictions on economic freedom. Special attention has been paid to the criteria applied by the President of the OCCP for imposing penalty payments while indicating the changes introduced by amendments to the Act  which came into force on January 18, 2015. Design / Research methods:Legal historical method, systematic and teleological interpretation, comparative law Conclusions / findings:Both the rules and the criteria required to be applied by the President of the OCCP when inflicting punishment are included in a catalogue of directives in Article 111 of CCPA. In the catalogue, the legislator attaches particular importance to the premise consisting in a breach of provisions of the law and a previous breach of the same legal act while other elements, separate for each type of breach, are specified later on, imposing on the President of the OCCP the obligation to consider both attenuating circumstances and aggravating circumstances when deciding on the degree (amount) of the penalty. Irrespective of the above, due to the open catalogue of circumstances affecting the gravity of the penalty, the President of the OCCP may also consider some circumstances indirectly implied in the act and developed by the judiciary decisions, which include the type of non-compliance or breach, the degree of violating the public interest, intentional or unintentional action orduration of the breach. Originality / value of the article:To signal criteria changes applied by the President of the OCCP for imposing penalty payments while indicating the changes introduced by amendments to the Act, which came into force on 18 January 2015.

scholarly journals Triangular concept of legal pluralism in the establishment of consumer protection law

2018 ◽  
Vol 52 ◽  
pp. 00032
Author(s):  
Muldri Pudamo James Pasaribu ◽  
Ningrum Natasya Sirait
Keyword(s):  
Consumer Protection ◽  
Social Values ◽  
Legal Pluralism ◽  
Comparative Law ◽  
The State ◽  
New Paradigm ◽  
Legal Research ◽  
Community Needs ◽  
The World ◽  
The Common

The new paradigm in legal pluralism is closely related to the phenomenon of globalization. Laws of various levels move into limitless territories. There is a strong contact and adoption between international, transnational, national and local laws. Such circumstances make it impossible for mapping that a certain law (international, national, local) is separated from other law systems. This is a normative legal research with a comparative law approach. Law as a global phenomenon has the common values throughout the world, namely ethical moral values, social values and formal values of the state. The same values apply to the consumer protection law in Indonesia. Law Number 8 of 1999 on Consumer Protection (UUPK) in Indonesia was developed on the basis of legal pluralism. The data were analyzed using a Triangular Concept of Legal Pluralism developed by Werner Menski. In conclusion, UUPK is a form of legal pluralism. It is enacted based on the community needs, legitimized by the state and based on values and ethics.

Development of European Contract Law

2017 ◽  
Author(s):  
Hein Kötz
Keyword(s):  
Consumer Protection ◽  
Comparative Law ◽  
Contract Law ◽  
European Countries ◽  
Private Law ◽  
European Contract ◽  
Freedom Of Contract ◽  
European Code ◽  
Pros And Cons ◽  
European Contract Law

This chapter examines the historical, economic, and political reasons which have led to the idea of ‘Europeanising’ private law, academic literature, and legal teaching in European countries in pursuit of the eventual creation of European private law. After discussing the functions of comparative law and the different ways in which it could contribute towards setting up a unified European private law, the chapter considers the link between economic order and contract law as well as the adoption of the principle of freedom of contract by all European legal orders. It also discusses the pros and cons of a ‘European Code of Contract Law’ that would harmonise or unify not only the rules on consumer protection but also the non-mandatory ‘dispositive’ contract law.

scholarly journals Planned obsolescence and consumer protection

2019 ◽  
Vol 11 (2) ◽  
pp. 153-176
Author(s):  
Ana Clara Azevedo de Amorim
Keyword(s):  
Consumer Protection ◽  
Comparative Law ◽  
Point Of View ◽  
Legal Systems ◽  
Planned Obsolescence ◽  
Right To Information ◽  
The Right

Purpose – The text addresses the problem of planned obsolescence from the point of view of consumer protection, based on the decisions of Autorità Garante della Concorrenza e del Mercato which condemned Samsung and Apple on the grounds of the prohibition of unfair commercial practices. It aims to consider the scope of the applicable similar norms in Portuguese and Brazilian legal systems. Methodology – Analysis of the grounds relied on those decisions, as well as the relevant doctrine regarding planned obsolescence and consumer protection from a comparative law perspective. Findings – The text demonstrates which norms can ensure consumer protection in the case of technical or functional planned obsolescence, especially considering the communication dimension, which focuses on the right to information.

scholarly journals KONTROVERSI STRICT LIABILITY DALAM HUKUM PERLINDUNGAN KONSUMEN

2018 ◽  
Vol 4 (2) ◽  
pp. 274-303
Author(s):  
Johannes Gunawan
Keyword(s):  
Consumer Protection ◽  
Common Law ◽  
Strict Liability ◽  
Civil Law ◽  
Comparative Law ◽  
Law System ◽  
The United Kingdom ◽  
The Common ◽  
Historical Trajectory ◽  
Civil Law System

This paper, using a comparative law method, discusses the controversy concerning the meaning and interpretation of strict liability as found in the Indonesian Consumer Protection Law.  How in Indonesia this concept is understood will be compared to how the same concept (strict liability) is developed within the Dutch civil law system and the common law system (especially in the United Kingdom(UK)and United State of America (USA)).  A brief description of the meaning and development of the concept in Indonesia will be given, including the historical trajectory of the concept within those different systems and the important case laws in the Netherlands, UK and USA.  All this will provide a background for the author to discuss and criticize the strict liability concept as found regulated in Law No. 8 of 199 on Consumer Protection.

Sign in / Sign up

Export Citation Format

Share Document