Respecting the Principles of Competition and Consumer Protection in Liquidation Sales: A Comparative Study

2022 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Mohammad Alkrisheh ◽  
Tariq Kameel ◽  
Fayez Alnusair ◽  
Nour Alhajaya
Keyword(s):  
Comparative Study ◽  
Consumer Protection

Consumer Protection in Jordanian Discount Sales: A Comparative Study with the Legislations of France, Tunisia and the United Arab Emirates

2021 ◽  
pp. 1-16
Author(s):  
Tariq Kameel ◽  
Fayez Alnusair ◽  
Nour Alhajaya
Keyword(s):  
Comparative Study ◽  
United Arab Emirates ◽  
Consumer Protection ◽  
Legal System ◽  
Judicial Practice ◽  
Consumer Rights ◽  
Market Protection ◽  
Market Intervention ◽  
Constituent Elements ◽  
Shed Light

Abstract This article compares consumer protection in the framework of discounts with the constituent elements of such sales and the relevant methods of protecting consumer rights, according to French, Emirati, Jordanian, and Tunisian legislation and judicial practice. The findings shed light on the operation of consumer rights and market protection, and argues that each legal system has developed divergent means to attain the same goal. While some legal systems have organised sales with detailed rules, others have engaged in very limited market intervention; in the latter case, consumers are prevented from enjoying an important set of rights, as consumer rights and market protection are determined by the merchants.

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 A Comparative Study on the Principles of Online Buying and Selling from the Perspectives of Islamic Law and Indonesian Positive Law

2021 ◽  
Author(s):  
Dwiyana Achmad Hartanto
Keyword(s):  
Comparative Study ◽  
Consumer Protection ◽  
Qualitative Method ◽  
Islamic Law ◽  
Civil Code ◽  
Normative Approach ◽  
Positive Law ◽  
Online Trading ◽  
Analytical Research ◽  
Online Buying

The study aims to analyze the comparative perspectives between Islamic Law and Indonesian Positive Law in the practices of online buying and selling (trading). This study uses a juridical and normative approach with a specification of descriptive-analytical research. The data comes from primary law, secondary law, and tertiary law, and the researcher used a qualitative method to analyse the data. The shift and development of offline-based buying and selling (trading) practices to online practices today has required special regulation in the Indonesian Positive Law. The absence of specific rules regarding the practice of online buying and selling indicates that these activities should be subjected to the existing positive Indonesian laws. The principle of freedom of making contracts in the Civil Code (KUH Perdata) provides freedom to make any trade agreements. For the sake of legal certainty in the execution of online buying and selling, the parties must refer to the provisions of the Civil Code, the Information and Electronic Transaction Law (ITE Law), and the Consumer Protection Law (UUPK Law) that are relevant to the trading practice. In addition to these provisions, Islamic Law within the scope of mu’amalah also provides guidelines for the practice of direct buying and selling, but not online buying and selling; however, Islamic law also provides freedom in mu’amalah. The existence of these provisions makes it interesting to conduct a comparative study on the principles of online trading practices from the perspectives of Islamic law and Indonesian positive law. Islamic Law considers it legal to conduct online buying and selling if the terms and conditions of buying and selling are fulfilled, if it provides benefits and negates harm, and if it does not conflict with Al-Qur’an and Al-Hadith, and if it can be designated as al-‘adatu muhakkamah (a custom which is defined as law). According to the Indonesian positive law, in principle, online trading is legal as long as it fulfills the provisions of trading, that is the fulfillment of the terms, elements, principles, rights, and obligations of the parties regulated in the provisions of the Civil Code, Information and Electronic Transaction’s Law, and Consumer Protection Law, along with providing legal assurance and protection for the parties. Keywords: comparative study, online buying and selling, Islamic law, Indonesian positive law

scholarly journals CONSUMER PROTECTION IN THE SUPPLY OF SERVICES: A COMPARATIVE STUDY BETWEEN THE CONSUMER PROTECTION ACT 1999 AND ISLAMIC LAW

2012 ◽  
Vol 18 (1) ◽  
Author(s):  
Elistina Abu Bakar ◽  
Naemah Amin
Keyword(s):  
Comparative Study ◽  
Consumer Protection ◽  
Islamic Law ◽  
Service Providers ◽  
Goods And Services ◽  
Left Behind ◽  
Consumer Protection Act ◽  
The Law

The Consumer Protection Act 1999 (CPA) that came into force on 15 November 1999 represents a milestone in consumer protection in Malaysia.1 It has several important provisions, some of which are more beneficial than those found in the law of contract and law of tort since its objective is specifically to protect the interest of consumers. The statute is applicable to both goods and services but the provisions on services are very important because previously the laws regulating the supply of services seem to be left behind compared to those regulating goods. The aim of this paper is to examine the relevant provisions of the CPA and make a comparative study with the protection available under the Islamic law of muʿāmalāt. The central discussions are on section 53, section 54 and Part IX of the CPA since they deal specifically with the supply of services. The liabilities of the service providers are scrutinised as well as consumers’ rights of redress

scholarly journals A Comparative Study on the Consumer Protection Legislations of Malaysia and Indonesia

2011 ◽  
Vol 5 (5) ◽  
pp. 266-278
Author(s):  
Sakina Shaik Ahma ◽  
Rahmah Ismail ◽  
Shamsuddin Suhor ◽  
Azimon Abdul Aziz ◽  
Muhammad Rizal Razm ◽  
...  
Keyword(s):  
Comparative Study ◽  
Consumer Protection

scholarly journals The Legal System of Telecommunications Contracts Comparative Study between Jordanian and Emirati law

2017 ◽  
pp. 1-20
Author(s):  
Yousef Ahmmed Nawafleh ◽  
Keyword(s):  
Comparative Study ◽  
Mobile Phone ◽  
Mobile Phones ◽  
Consumer Protection ◽  
Legal System ◽  
The Internet ◽  
Technological Revolution ◽  
Legal Nature ◽  
Definition Of

In the last decades, the means of communication witnessed tremendous developments. These means have clearly and concretely affected the lives of individuals. No one can deny the amount of services that telephones offer now as a modern communication means and all accompanying benefits. In addition to the Internet services available on the mobile phone, most of the mobile phones’ holders needs are facilitated via the Internet, such as e-mails and others. Recently, mobile phones have substituted computers for many people. The use of mobile phones as a means of communication has caused tremendous technological revolution. This has led the researcher to question the nature of the contracts between individuals and communication companies as well as their characteristics especially due to the emergence of problems between individuals and companies. With companies imposing their arbitrary conditions, the researcher is also investigating the role of the Telecommunications Authority in facing unfair conditions, the roles of Consumer Protection Associations and the judiciary in modifying these arbitrary conditions. The present research will answer these qustions after offering a definition of the contract of communication, its legal nature and its characteristics and effects.

scholarly journals The Legal System of Telecommunications Contracts Comparative Study between Jordanian and Emirati law

2017 ◽  
pp. 1-20
Author(s):  
Yousef Ahmmed Nawafleh ◽  
Keyword(s):  
Comparative Study ◽  
Mobile Phone ◽  
Mobile Phones ◽  
Consumer Protection ◽  
Legal System ◽  
The Internet ◽  
Technological Revolution ◽  
Legal Nature ◽  
Definition Of

In the last decades, the means of communication witnessed tremendous developments. These means have clearly and concretely affected the lives of individuals. No one can deny the amount of services that telephones offer now as a modern communication means and all accompanying benefits. In addition to the Internet services available on the mobile phone, most of the mobile phones’ holders needs are facilitated via the Internet, such as e-mails and others. Recently, mobile phones have substituted computers for many people. The use of mobile phones as a means of communication has caused tremendous technological revolution. This has led the researcher to question the nature of the contracts between individuals and communication companies as well as their characteristics especially due to the emergence of problems between individuals and companies. With companies imposing their arbitrary conditions, the researcher is also investigating the role of the Telecommunications Authority in facing unfair conditions, the roles of Consumer Protection Associations and the judiciary in modifying these arbitrary conditions. The present research will answer these qustions after offering a definition of the contract of communication, its legal nature and its characteristics and effects.

scholarly journals - Protecting consumers from misinformation in the Saudi and Emirati laws - A comparative study : حماية المستهلك من الإعلانات المضللة في النظام السعودي والقانون الإماراتي - دراسة مقارنة -

2017 ◽  
Vol 1 (10) ◽  
Author(s):  
Abdullah bin Mohammed Al Jarboa - Asma Akli
Keyword(s):  
Comparative Study ◽  
Consumer Protection ◽  
Criminal Responsibility ◽  
The Public ◽  
Average Consumer ◽  
Commercial Advertising ◽  
Definition Of ◽  
Specific Definition ◽  
The Way

The study dealt with the issue of consumer protection against misinformation in the light of the Saudi and Emirati laws. The study has clarified that the commercial advertisements are positively important, and that the offer to addressed the public through advertisements is also positive. The commercial contract is made via to the advertisements. The commercial advertisements are one of the ways which is making the contract between the party and the consumers. The study has discussed and clarified the mechanisms which can protect the consumer from misleading advertising. And also talked about the responsibility of the advertiser in clearing commercial advertising, and the issues of civil and criminal responsibility of misleading advertising. Then the study detailed the issue of consumer protection from misleading advertising in the Saudi system in general, where the system defined the advertisements as anyone who advertises or promotes the product using various means of advertising. And also the study indicates that there is no specific definition on what accurately is applying in this regard in the Saudi system, or definition of the person of the advertiser. This is what is taken as it opens the way for advertisers to exploit this in misleading consumers within the system. The first was clearly and unambiguously, For example, which is considered misleading if it affects the average consumer, who has a moderate state of caution and intelligence. The study also examined the issue of consumer protection against misleading advertising in UAE law. The UAE, through the consumer protection law and its executive regulations, detailed the provisions related to the commercial advertisement, and the penalties imposed on misleading advertising.

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