THE COMMON EUROPEAN SALES LAW, CONSUMER PROTECTION AND OVERRIDING MANDATORY PROVISIONS IN PRIVATE INTERNATIONAL LAW

2013 ◽  
Vol 62 (2) ◽  
pp. 463-483 ◽  
Author(s):  
Christopher Bisping
Keyword(s):  
International Law ◽  
Consumer Protection ◽  
Private International Law ◽  
Cross Border ◽  
Border Trade ◽  
The Common ◽  
Definition Of ◽  
Common European Sales Law ◽  
Relationship Of ◽  
The Relationship

AbstractThis article analyses the relationship of the proposed Common European Sales Law (CESL) and the rules on mandatory and overriding provisions in private international law. The author argues that the CESL will not achieve its stated aim of taking precedence over these provisions of national law and therefore not lead to an increase in cross-border trade. It is pointed out how slight changes in drafting can overcome the collision with mandatory provisions. The clash with overriding mandatory provisions, the author argues, should be taken as an opportunity to rethink the definition of these provisions.

Developing Internet Jurisdiction in B2B and B2C Contracts: Focusing on Iranian Legal System with Comparative Study of American, English and eu Laws

2017 ◽  
Vol 31 (3) ◽  
pp. 276-304
Author(s):  
Taher Habibzadeh
Keyword(s):  
Comparative Study ◽  
International Law ◽  
Consumer Protection ◽  
Legal System ◽  
American English ◽  
Computer Software ◽  
Modern World ◽  
Private International Law ◽  
Habitual Residence ◽  
Electronic Communications

Abstract In the modern world, electronic communications play a significant role in areas of national and international law such as Internet jurisdiction. Private international law provides that the competent court is the court within which jurisdiction the contract is performed, so it is important to know the place of performance of the contract in the case of contracts for digital goods such as e-books or computer software delivered online. It is equally important in the case of electronic services such as e-teaching. Furthermore, as consumer protection in B2C contracts is important in developing global e-commerce, it is important to consider whether the consumer party is able to bring an action against the business party in his own place of domicile or habitual residence. The article analyses these questions and proposes ways in which the Iranian legal system might be developed to address issues of Internet jurisdiction in B2B and B2C contracts.

scholarly journals CONSUMER PROTECTION LEGISLATION AND PRIVATE INTERNATIONAL LAW

Obiter ◽  
2021 ◽  
Vol 31 (1) ◽  
Author(s):  
Jan L Neels
Keyword(s):  
International Law ◽  
South African ◽  
Consumer Protection ◽  
Private International Law ◽  
Electronic Communications ◽  
Consumer Protection Act ◽  
Protection Legislation ◽  
Consumer Contracts ◽  
National Credit Act

Although South African private international law is primarily based on bilateral and multilateral reference rules, the legislator in recent consumer protection legislation rather employs unilateral conflict rules by the identification of rules of immediate application and in the form of scope rules. The relevant provisions in the Electronic Communications and Transactions Act 25 of 2002, the National Credit Act 34 of 2005 and the Consumer Protection Act 68 of 2008 are discussed, together with the role that the traditional conflict rules still play. A new rule of private international law for consumer contracts is proposed; in this regard the principle of preferential treatmentwill play a role in the context of alternative reference rules.

scholarly journals CROSS-BORDER CONSUMPTION AND BRAZILIAN LAW

2018 ◽  
Vol 1 (1) ◽  
pp. 119-138
Author(s):  
Vasconcelos Carvalho de Raphael
Keyword(s):  
International Law ◽  
Consumer Protection ◽  
Direct Result ◽  
Private International Law ◽  
Great Expectations ◽  
Correct Operation ◽  
Trade Law ◽  
Vulnerable Consumer ◽  
Regulatory Proposals ◽  
Theoretical Developments

The purchase of a product or service by a consumer directly abroad and the remote consumption of goods are the two main ways in which transnational consumption occurs. This new contractual dynamic – a direct result of the development of transport and communication facilities - has consequences not only for consumer protection but also for trade law. It demands from doctrine, courts and legislators an effort to solve problems arising therefrom. Important lessons can be learned from the application of economic theory to law among the difficulties to fit private international law to constitutional principles. New paradigms proposed by the courts in recent years brought great expectations in the national legal system to the evolution of consumer protection concerning international trade. Theoretical developments are now necessary to elaborate regulatory proposals under trademark and corporate law - with particular attention to financial institutions - so as to grant greater protection to the vulnerable consumer assuring security and predictability to the system, which are essential to the correct operation of the market.

scholarly journals CROSS-BORDER CONSUMPTION AND BRAZILIAN LAW

2018 ◽  
Vol 1 (1) ◽  
pp. 119-138
Author(s):  
Vasconcelos Carvalho de Raphael
Keyword(s):  
International Law ◽  
Consumer Protection ◽  
Direct Result ◽  
Private International Law ◽  
Great Expectations ◽  
Correct Operation ◽  
Trade Law ◽  
Vulnerable Consumer ◽  
Regulatory Proposals ◽  
Theoretical Developments

The purchase of a product or service by a consumer directly abroad and the remote consumption of goods are the two main ways in which transnational consumption occurs. This new contractual dynamic – a direct result of the development of transport and communication facilities - has consequences not only for consumer protection but also for trade law. It demands from doctrine, courts and legislators an effort to solve problems arising therefrom. Important lessons can be learned from the application of economic theory to law among the difficulties to fit private international law to constitutional principles. New paradigms proposed by the courts in recent years brought great expectations in the national legal system to the evolution of consumer protection concerning international trade. Theoretical developments are now necessary to elaborate regulatory proposals under trademark and corporate law - with particular attention to financial institutions - so as to grant greater protection to the vulnerable consumer assuring security and predictability to the system, which are essential to the correct operation of the market.

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