Did You Say ‘Theories of Choice’?

2021 ◽  
pp. 115-136
Author(s):  
Anne-Lise Sibony
Keyword(s):  
Consumer Protection ◽  
Consumer Choice ◽  
Legal Analysis ◽  
Legal Scholarship ◽  
Consumer Law ◽  
Legal Literature ◽  
The Law ◽  
Definition Of ◽  
Alternative Theories ◽  
Meta Theory

This chapter takes up two difficult questions: ‘does the law contain one or more theories of choice?’ and, if it does, ‘is there a meta-theory to tell us which theory of choice to use in which cases?’ Even if one retains a loose definition of what counts as a ‘theory of choice’, there are reasons to be sceptical about the enterprise of mapping out theories of choice underpinning the law. This is because the supply of such theories is both abundant and incomplete while the demand is generally weak. Consumer protection, which purports to protect ‘consumer choice’, would seem to be a designated area of law to look for theories of (consumer) choice. However, an enquiry into legislative work on consumer protection reveals paradoxical efforts to confirm the theory that consumers do well with information rather than investigate alternative theories. It also appears that consumer law embeds several different conflicting theories of consumer choice without any sign of a meta-theory indicating which theory applies to which cases. In addition, where there is a theory of consumer harm justifying legislative intervention, it seems to matter little that we do not have a theory for how consumer choice is distorted. In short, the legislative appetite for theories of choice seems limited. Legal scholarship offers a different picture. A space has emerged in which to discuss theories of choice within legal analysis, which is still in the process of being shaped. Tentatively, it is suggested that the legal literature offers a contrast between deep and narrow discussions of theories of choice, and wide and shallow ones.

scholarly journals Creative Approaches to the Creation of Contemporary Art Objects and Features of their Legal Protection

2020 ◽  
Vol 10 ◽  
pp. 368-382
Author(s):  
Nataliia M. Myronenko ◽  
◽  
Olena O. Shtefan ◽  
Yuliia O. Kedia ◽  
Olha B. Derkach ◽  
...  
Keyword(s):  
Legal Protection ◽  
The United States ◽  
Creative Work ◽  
Legal Analysis ◽  
Eu Countries ◽  
Judicial Practice ◽  
Art Objects ◽  
The Law ◽  
Definition Of ◽  
Form Of Expression

This study is devoted to the analysis of the current state of legislation of Ukraine and EU countries on copyright protection of works with an unstable form of expression, as well as to determine the features of the legal protection of such objects. The purpose of the article was to explore the existing possibilities in the law of Ukraine and the law of the EU countries for the protection of works with an unstable form of their expression. The article, based on the analysis of international legal acts and national legislation, highlights the elements of protection of works. A significant place in work is devoted to the analysis of theoretical, legislative approaches to the definition of "creativity", "originality", "novelty". It is stated that there is no single waste to the definition of these concepts in the literature and not regulated in the legislation in the field of copyright. A comparative legal analysis of the case-law of the United Kingdom and the United States on the provision of legal protection to works with an unstable form. It is concluded that the normative definition of “creative work”, which is associated exclusively with works of cultural value, is not acceptable for copyright. The article analyses the judicial practice of Ukraine, which has developed in the definition of creative work and illustrates its ambiguity. It is concluded that judges, considering such cases, try to find some stable elements that are inherent in works with an unstable form of expression.

scholarly journals FEATURES OF THE QUALIFICATION OF UNFAIR COMPETITION EXPRESSED IN THE FORM OF ILLEGAL ACTIONS REGARDING PROTECTED INFORMATION

2021 ◽  
pp. 100-103
Author(s):  
A. S. Valevko
Keyword(s):  
Scientific Literature ◽  
Unfair Competition ◽  
Legal Analysis ◽  
Legal Norms ◽  
Disclosure Of Information ◽  
Legal Regimes ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
Definition Of Information

The article deals with the characteristics of one of the forms of unfair competition associated with the illegal receipt, use, disclosure of information prohibited by article 30 оf the law of the Republic of Belarus "On countering monopolistic activities and development of competition". Based on the legal analysis of the legal norms of the antimonopoly legislation and scientific literature, the author reveals the signs and conditions of disorganization of the competitor's activities committed by illegal dissemination of commercial or official secrets. The author analyzes the definition of" information", signs of commercial and official secrets and the legal regimes established in relation to them. The circumstances and elements of the offense are important for the requirements of an administrative offense under Article 13.33 "Unfair Competition" of the Code of the Republic of Belarus on Administrative Offenses, expressed in the form of actions in relation to protected information, are considered. 

Comprehensive approach to perception of law in the context of doctrinal views

2021 ◽  
Vol 28 (4) ◽  
pp. 42-50
Author(s):  
Ilya D. Shutak ◽  
Ihor I. Onyshchuk
Keyword(s):  
Comprehensive Approach ◽  
Legal Analysis ◽  
Legal Certainty ◽  
Positive Law ◽  
Integrated Theory ◽  
New Ideas ◽  
Assessment And Monitoring ◽  
The Law ◽  
Theory Of Law ◽  
Definition Of

The purpose of the study is a theoretical and legal analysis of the compressive approach to the perception of the law in the context of doctrinal views, its substantiation and comparison with the comprehend theory. The originality of the study lies in the substantiation of the theory of the comprehensive approach, which consists in a strictly objective, real, non-idealised, deideologised cognition of the law. New ideas related to the perception of law through an objective and comprehensive assessment and monitoring are proposed. The similarities and differences between the comprehensive approach and the comprehend theory are clarified. The approach is a kind of tool for the development of theory. As a result of the analysis of doctrinal views on the comprehensive approach to the perception of law and the generalisation of different positions, the definition of the studied concept is developed. Conclusions: the methodological value of the comprehensive approach as a kind of tool for the development of the theory lies in the objective, real, non-idealised, and deideologised cognition of the law. Therewith, it is inadmissible to recognise the prevalence of a certain concept or theory. The construction of law in the way of combining the integrated theory of law and the theory of natural and positive law is incomplete and incorrect. Since law is not limited to these two theories. Thus, this perception of law is one-sided and biased. Arguments are given regarding the practical value of the comprehensive approach in legal technique when the assessment of the law is conducted depending on the completeness of its implementation and in achieving legal certainty. The more objectively the law, the quality and effectiveness of its rules are assessed, the faster it is perceived (recognised). It is advisable to comprehend the law with the assessment of its negative features

scholarly journals Juridical Review The Implementation of Oral Agreement is associated with the Law of Treaties and Law Number 8 Year 1999 concerning Consumer Protection

2018 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Dian Eka Pusvita Azis ◽  
Nurhaedah Nurhaedah
Keyword(s):  
Consumer Protection ◽  
Social Life ◽  
Legal Protection ◽  
Civil Code ◽  
Legal Principles ◽  
Consumer Law ◽  
Consumer Protection Act ◽  
Legal Power ◽  
Material Sources ◽  
The Law

The covenant is one of the most common legal relationships in the community. The Covenant under Article 1313 of the Civil Code is an act by which a person or more binds himself to one or more persons. Unconsciously, oral agreements are often done in social life and often the parties who make the oral agreement deny the existence of the agreement. This research is descriptive normative juridical research. This study uses primary legal material sources consisting of laws and regulations bound by research. Sources of secondary legal materials in the form of materials or related materials and explain the problem, and the source of tertiary legal materials are materials that provide information about primary legal materials and secondary legal materials related to the research. Against the form of the exercise of the agreement in the oral form declared unilaterally by the party that offers the agreement inevitably the interested party in this case the second party is pressed with the interest of agreeing the contents of the agreement. Not to mention the possibilities that occur in the future that is wanprestasi with large losses so that the court to face, and what if the party who did the default is negligent, broken promise, do not acknowledge or deny having oral agreement Based on the background and problems that have been described above so it is necessary to examine the extent to which the legal protection of oral agreements, if one of the parties making the alleged infringement of the oral agreement is associated with the Law of Contract and the Consumer Protection Number Act. Based on this research it is concluded that the oral agreement is legal and has the legal power to declare a person to default, but if the oral agreement is denied / not recognized by the alleged defendant, the oral agreement has no legal power to declare a person to default, can be true and may not exist, depending on the proof of the parties. but verbal agreements that have been denied / unrecognized may regain their legal power if it can be proven that the oral agreement actually exists or has been made.Based on Law No. 8 Consumer Protection Consumer law is defined as the whole legal principles and rules governing relationships and problems between various parties or each other in relation to goods and / or services within the association of life. Based on Article 163 HIR and Article 1865 of the Civil Code, any party that argues for a right, then the party must prove it. So if the consumer demands his right to the business actor that harms him, then the consumer must prove. However, in Law Number 8 Year 1999 concerning Consumer Protection Article 22 and Article 28, the evidentiary obligation is "reversed" (reversed proof) to be the full responsibility and responsibility of the business actor. So the provisions on responsibility and redress in the Consumer Protection Act are lex specialists against the general provisions contained in the Civil Code.

scholarly journals CONTRACT AS THE REASON FOR THE CURRENT LABOR LEGISLATION OF POLICE IN UKRAINE

Social Law ◽  
2019 ◽  
Author(s):  
V. Veretin
Keyword(s):  
Police Officers ◽  
Labor Relations ◽  
Employment Contract ◽  
National Legislation ◽  
Legal Literature ◽  
Labor Legislation ◽  
Competition Commission ◽  
The Law ◽  
Definition Of ◽  
National Police

The article is devoted to the study of the contract on service in the police as the basis for the emergence of labor relations of police officers. The article examines the norms of national legislation providing for the use of a contract as a basis for the emergence of labor relations, as well as scientific approaches to understanding the nature and characteristics of a contract. The definition of the “contract on service in the police” and the proposals for the improvement of national legislation in the field of service in the police are given. It is substantiated that the Labor Code of Ukraine stipulates in fact two grounds for the emergence of an employment relationship: an employment contract and a contract. Along with this it is proposed to highlight other reasons, namely the act of appointment; the act of election to office; the decision of the competition commission; a court decision on the conclusion of an employment contract; referral to work by a body authorized by the law at the expense of the established quota. It is stated that the scope of contracts is limited by the laws of Ukraine, that is, contracts can be concluded by employers only with those categories of employees that are clearly defined by law. Non-compliance with this rule is a ground for recognition in accordance with Art. 9 of the Labor Code invalid contractual working conditions, which worsen the position of the employee in comparison with the legislation of Ukraine. The thesis that the Labor Code of Ukraine primarily calls the contract a special form of employment contract, however, has been raised in the legal literature regarding this definition. The author makes arguments about the expediency of making changes to Art. 63 of the Law of Ukraine "On the National Police"

scholarly journals MAIN CHARACTERISTICS OF ADMINISTRATIVE ACTS FROM THE PERSPECTIVE OF ADMINISTRATIVE PROCEDURE LAW OF LATVIA AND JUDICIAL PRACTICE

2019 ◽  
pp. 133-147
Author(s):  
Kristine Kore-Perkone
Keyword(s):  
Kyrgyz Republic ◽  
Main Concept ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Literature ◽  
Administrative Procedures ◽  
Administrative Act ◽  
The Law ◽  
Classic Form ◽  
Definition Of

An administrative act is the main concept and instrument of administrative procedure. Despite the availability of other forms of the performance of public administration (for example, practical step, public law agreement, legislative action etc.), an administrative act is considered as an activity in classic form. Consequently, as a rule, the concept of an administrative act is analysed more frequently in the Latvian administrative judicial practice and legal literature. The article provides an overview of the main characteristics of administrative acts from the perspective of Administrative Procedure Law in Latvia. In the article, the author elaborates on several main characteristics of administrative acts from the perspective of judicial practice and Latvian doctrine. The author also undertakes а comparative analysis between the Latvian Administrative Procedure Law and the newly adopted Law on Administrative Activities and Administrative Procedures of the Kyrgyz Republic. From the above, it follows that the positive part of the definition of an administrative act in the Administrative Procedure Law of Latvia is the same as in the Law of the Kyrgyz Republic. Thus, both laws provide for similar features that a decision must have to be recognized as an administrative act. It is noted that the Administrative Procedure Law of Latvia includes an exception to the general principle that an interim decision is not an administrative act, apart from cases when the decision itself substantially affects the rights or legal interests of a person or substantially limits them. The definition of an administrative act, which is stipulated by the Law of the Kyrgyz Republic “On Administrative Activity and Administrative Procedures”, does not indicate that an administrative act is not an interim or procedural decision. The above does not mean that even now in Kyrgyzstan in order to recognize the decision as an administrative act, there must be no features of a final character. The jurisdiction of administrative offenses cases was changed from the jurisdiction of administrative courts to the courts of criminal jurisdiction. Consequently, the competence of administrative cases doesn’t involve considering administrative offences cases.

scholarly journals VOETSTOOTS — SALE OF IMMOVABLE PROPERTY, THE LAW OF LEGEND?

2011 ◽  
Author(s):  
Jean-Ray Pearton
Keyword(s):  
Consumer Protection ◽  
Living Room ◽  
Property A ◽  
Business Transaction ◽  
Consumer Protection Act ◽  
The Law ◽  
Definition Of

Is the sale of immovable property, voetstoots, the law of legend? To answer this question properly, let us refer to the definition of a voetstoots clause and then assess how the Consumer Protection Act (herein after referred to as the CPA) applies to the voetstoots clause in a modern-day business transaction regarding immovable property. A voetstoots clause is a clause which is inserted into the contract of sale during the sale of immovable property. It provides that the property in question is sold, ‘as it stands and with all faults’. This means that property, in most cases a house, is sold as it is, completely disregarding any defects the house may have. Defects can be anything from a faulty geyser to decommissioned plug points in one’s new living room. Such a sale of property will not, however, be accepted without scrutiny due to the consumer-friendly legislation enacted under the Constitution, namely the CPA. For easy reference, an example of a voetstoots clause will be included: ‘The property is sold voetstoots in the condition in which it stands and the seller gives no warranty with regard thereto, whether express or implied.’ The question that needs to be asked: ‘Can a voetstoots clause still be valid under the CPA?’ The answer is: Yes, unless you are a developer, investor or speculator.

scholarly journals CONCEPTS AND THE ESSENCE OF TERMINATION OF LABOR RELATIONS

Social Law ◽  
2019 ◽  
pp. 160-169
Author(s):  
M. Komarnitskaya
Keyword(s):  
Labor Relations ◽  
Employment Relations ◽  
Employment Contract ◽  
Legal Literature ◽  
Labor Legislation ◽  
Legal Consequence ◽  
The Law ◽  
Definition Of ◽  
Lexical Content ◽  
Legal Meaning

The article analyzes the specifics of termination of labor relations. The author's definition of thislegal category is provided. The essence and importance of termination of labor relations are outlined,where it is established that it stipulates certain legal facts termination of legal relations between theemployer and the employee, which have arisen on the basis of the employment contract and wereformalized by it, as well as the legal consequence of the emergence and action of certain legal facts whichin the legal literature are called termination. It is clear that clarifying the concept under consideration, itis necessary to determine its separate components, such as "termination" and "labor relations. ". As forthe first component, it has less legal meaning than lexical content, and only in conjunction with thesecond component forms a separate legal category. In terminology dictionaries, termination is regardedas the action of the meaning of cease and desist, and the term "cease" is considered, in particular, how tocease to do something, to cease to happen, to remain without completion, to cease to exist, to refuse tocontinue, to put an end to any -Why; to achieve the rejection of something, the completion of something,the limit of something. It is determined that the essence of termination of employment is manifested in thefact that this category: implies, due to certain legal facts, the termination of legal relations between theemployer and the employee, which arose on the basis of an employment contract and were formalized byhim; is the legal consequence of the occurrence and action of certain legal facts, which are referred to aslawbreakers in legal literature. Accordingly, the legal connection between the employer and the employee regarding the object - work disappears, and the respective rights and obligations of the parties areterminated due to the reasons stipulated by the law. Termination of employment under any circumstancesmeans the termination of all rights and obligations of the subjects of employment relations, the conditionson which those relations were built, and always means the impossibility of maintaining the existing legalrelationship due to the absence of one or all elements of such relations. Such termination can be in threeways for the disappearance of the object of employment relations, the content of such relations, or for thesubjects of those relations. We consider it expedient and correct to use the concept of “termination ofemployment” in the draft Labor Code instead of the term “termination of employment contract” used inthe current labor legislation.

scholarly journals Consumer Welfare in Financial Services: A View from EU Competition Law

2018 ◽  
Vol 11 (17) ◽  
pp. 29-52
Author(s):  
Viktoria H.S.E. Robertson
Keyword(s):  
Consumer Protection ◽  
Financial Services ◽  
Competition Law ◽  
Consumer Welfare ◽  
Financial Protection ◽  
Consumer Law ◽  
Eu Competition Law ◽  
The Law ◽  
Structural Aspects ◽  
Final Consumer

The paper analyses to what extent financial consumer protection forms part of the competition law objective of consumer welfare that EU competition law nowadays adheres to. It argues that while EU consumer law more generally aims at protecting the final consumer, EU financial consumer protection instruments often protect a broader spectrum of customers. This wider notion of the consumer can also be found in EU competition law, where the consumer is usually likened to any customer. A notable difference between EU financial consumer protection and EU competition law, however, is that they place a different emphasis on structural goals and inherently individual components. In EU competition law, the structural protection of competition is thought to eventually protect consumers. By uniting individual and structural aspects of consumer welfare, as well as by combining reactive and proactive consumer protection, EU competition law and EU financial consumer protection law can together achieve a financial protection of consumers that naturally goes beyond what each area of the law could achieve alone. A stringent approach, however, would require the development of a comprehensive EU financial consumer law which includes both dimensions.

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