scholarly journals Los acuerdos de elección de foro en los contratos internacionales de consumo Su eficacia en la Ley N° 19.496

2021 ◽  
Vol 8 ◽  
pp. 1-64
Author(s):  
Pablo A. Cornejo ◽  
Keyword(s):  
Consumer Protection ◽  
Bargaining Power ◽  
International Jurisdiction ◽  
Rights Protection ◽  
Current State ◽  
Consumer Rights ◽  
Consumer Contracts

This study is divided into two parts. The first part analyzes the rationale for choice of court agreements, the roles they play in international contracts, and the difficulties arising when recognizing them in agreements between parties with unequal bargaining power, specifically in international consumer contracts. The second part analyses the national rules of international jurisdiction applicable to these contracts. Bearing this in mind, first, the current state of the discussion about their validity in Chile is explained; then the effect in this discussion of applying the provisions of Law No. 19.496 - on consumer rights protection (LPDC by its Spanish acronym), is studied. The international interpretation of the rules of jurisdiction set forth by this law, and the control it provides over abusive terms in consumer contracts are studied as possible solutions to stablish the validity of these contracts. The foregoing, in order to seek a solution that harmonizes, both, the purposes of international consumer protection and to recognize the international nature of their consumer relationship, which allows to consider these contracts as valid if some specific requirements are met.

Consumer rights Protection

2017 ◽  
Author(s):  
Шувалова ◽  
Irina Shuvalova
Keyword(s):  
Consumer Protection ◽  
Practical Advice ◽  
Concepts And Categories ◽  
Rights Protection ◽  
Procedural Law ◽  
Current State ◽  
Consumer Rights ◽  
Basic Concepts

The manual was prepared based on the current state of legislation and practice. Taking into account recent changes in the rules of substantive and procedural law. The publication contains sample documents: claims, applications, complaints, petitions, writs, etc. on various issues in the field of consumer protection. The basic concepts and categories in the field of consumer protection, specific examples are given practical advice. The manual is intended for students, practitioners and anyone interested in the issues of protection of consumer rights.

scholarly journals The Need To Strengthen The Regulatory Framework Of Uzbekistan For Consumer Protection In E-Commerce

2021 ◽  
Vol 03 (01) ◽  
pp. 84-91
Author(s):  
Saidova Sitora Safoevna ◽  
Keyword(s):  
Consumer Protection ◽  
Regulatory Framework ◽  
Business Practices ◽  
National Context ◽  
Theoretical Concepts ◽  
Legal Norms ◽  
Foreign Experience ◽  
Current State ◽  
Consumer Rights

The article is dedicated to the analysis of the current state of legislation on e-commerce in Uzbekistan and its application in relation to consumers. It also investigates the extent to which legal norms on consumer rights can protect from harmful business practices in e-commerce. After examining the relevant theoretical concepts and foreign experience in the field of e-commerce and consumer protection, the author puts forward recommendations for their best implementation in the national context.

Legal Liability in Standard Form of Contract

2016 ◽  
Vol 2 (9) ◽  
pp. 39
Author(s):  
Munnie Yasmin
Keyword(s):  
Consumer Protection ◽  
Bargaining Power ◽  
Standard Form ◽  
Legal Liability ◽  
Efficiency And Effectiveness ◽  
Consumer Contracts ◽  
The Law ◽  
Final Consumer

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.

Part III Particular Contractual Provisions, 21 Exemption Clauses and Unfair Contract Terms

2017 ◽  
Author(s):  
McMeel Gerard
Keyword(s):  
Bargaining Power ◽  
Consumer Rights ◽  
Consumer Contracts ◽  
Unfair Terms ◽  
Marked Tendency ◽  
Commercial Agreements

This chapter focuses on exemption clauses. Particular attention is placed on the detailed rules of construction still applicable to exemption clauses. Moreover, the chapter considers the statutory interventions in this field in the shape of the Unfair Contract Terms Act 1977 and Part 2 of the Consumer Rights Act 2015 (superseding the Unfair Terms in Consumer Contracts Regulations 1999). Since these statutory interventions there has been a marked tendency to construe exemption clauses in commercial agreements in a more realistic way. This is especially prevalent where the parties are of relatively equal bargaining power and where the clause is perceived as giving effect to a sensible allocation of risk.

scholarly journals THE LAW "ON CONSUMER RIGHTS" THE UK: RIGHTS, DUTIES, RESPONSIBILITY

2018 ◽  
Vol 22 (3) ◽  
pp. 137-144
Author(s):  
A. N. Surkov ◽  
S. V. Melnik ◽  
E. V. Chernykh
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
The European Union ◽  
Rights Protection ◽  
The United Kingdom ◽  
Consumer Rights ◽  
New Type ◽  
Legal Space ◽  
The Law ◽  
The Uk

In this article, one of the most urgent topics of the development of legislation on consumer rights protection in the UK is being considered. UK legislation on the protection of consumer rights, especially in connection with the forthcoming withdrawal of Britain from the European Union has a number of features. The law "On the Rights of Consumers", adopted in 2015, made it possible to analyze and highlight a number of features in the field of consumer protection in the UK, namely, the allocation of absolutely new standards applicable to the new type of services-digital content. By researching this topic, the author shows the emerging contradictions between the legislation of the European Union and the United Kingdom in the field of consumer protection, where the UK, against the backdrop of Brexit, analyzing the new Directives adopted by the European Union to retain a single legal space tends to unify the norms of the law "On the Rights of Consumers".

scholarly journals European Online Marketplace – New Measures for Consumer Protection against “Old Conflict of Laws Rules”

2015 ◽  
Vol 9 (1) ◽  
pp. 21-41
Author(s):  
Agata Jaroszek
Keyword(s):  
Consumer Protection ◽  
Legal Framework ◽  
Digital Content ◽  
Conflict Of Laws ◽  
Online Marketplace ◽  
Consumer Rights ◽  
General Rules ◽  
Consumer Contracts ◽  
Contractual Obligations ◽  
Rome I

The paper aims at discussing the rationale for protecting consumers under the new directive on consumer rights (CRD) and its relation to conflict of law rules under the Regulation on the law applicable to contractual obligations (Rome I).The author is of the opinion the newly adopted legal framework for consumer protection under the directive on consumer rights seems to be more predictable especially in terms of supporting consumers with more mandatory information before the conclusion of a contract with a professional as well as a single 14 day withdrawal period for all Member States. However, the level of consumer protection in the purchase of digital content is insufficient and from the perspective of conflict of laws rules for consumer contracts under Rome I, a consumer who actively makes a purchase from a professional from another Member State or a third country cannot expect the special protective rules envisaged in the regime under CRD and Rome I to be applied by default; rather, the general rules come into play.

scholarly journals Globalization and its impact on the Slovak consumer

2021 ◽  
Vol 92 ◽  
pp. 06026
Author(s):  
Miriam Olšiaková ◽  
Erika Loučanová ◽  
Eva Drličková ◽  
Anna Dovčíková
Keyword(s):  
Statistical Methods ◽  
Value Added ◽  
The Other ◽  
Rights Protection ◽  
Current State ◽  
Consumer Rights ◽  
Unethical Practices ◽  
Quality Of Food ◽  
Quality Of Products

Research background: Globalization and the processes associated with it are reflected in the constant changes taking place in the market and affect its individual participants, among whom we also include consumers. Globalization allows consumers to choose, but on the other hand, the quality of products intended for the Slovak market is debatable (dual quality of food). Therefore, many consumers distrust imported products and believe that foreign producers use unethical practices in the Slovak market. Purpose of the article: The paper presents the results of a survey of unethical practices towards Slovak consumers in their selected forms, as well as the results of the current state of awareness of Slovak consumers in the field of protection of their consumer rights. Methods: The data were obtained by a questionnaire and consequently evaluated by the chosen statistical methods. Some questions were formulated to test hypothesis of dependence among selected variables. Findings & Value added: The results point to the low state of Slovak consumer’s ability to detect unethical practices in its specific forms, as well as to the low state of his knowledge in the field of consumer rights protection. However, the finding that with higher consumer education the ability of a consumer to detect misleading practices increases confirmed the importance of incorporating selected areas of consumer policy into education at lower levels. It allows supporting the sovereignty of the Slovak consumer to protect his rights.

scholarly journals Consumer protection in the conditions of the Slovak Republic in line with the harmonization of legislation and consumer rights within the EU

2021 ◽  
Vol 115 ◽  
pp. 03004
Author(s):  
Stanislava Deáková ◽  
Sylvia Bukovová
Keyword(s):  
Consumer Protection ◽  
Slovak Republic ◽  
Scientific Study ◽  
Current State ◽  
Consumer Rights ◽  
The Law ◽  
The Eu

The paper is devoted to analyzing the conditions and possibilities of assisting consumers in protecting their consumer rights. As Slovakia is a member of the EU, it is necessary to include the conditions resulting from harmonizing the law within the Union. This paper points out different possibilities of consumer protection documented in the research part by evaluating data available in statistical sources. We also point out the current state of the frequency of initiated individual proceedings, the analysis of which is used to formulate the conclusions and recommendations of the scientific study.

scholarly journals COVID-19 PANDEMIC AND CONSUMER RIGHTS PROTECTION

2021 ◽  
pp. 54-57
Author(s):  
Bharat Patil ◽  
Nerita Patil
Keyword(s):  
Consumer Protection ◽  
Research Paper ◽  
Law And Order ◽  
Economic Activities ◽  
Role Of Government ◽  
Rights Protection ◽  
Consumer Rights ◽  
The Law ◽  
At Home

The present research paper is focused on the protection of consumer rights during COVID-19 pandemic.Consumer is the king of market but locked at home due to COVID-19 pandemic. The restrictions on consumer has hampered all economic activities of the country. Nationwide lockdown in India has created challenges before the consumer. In this attempt is made to understand how the rights of the consume is effected during the lockdown.The study will guide and suggest plan of action to maintain and protect the consumer rights. It is researched based article concerned to better understand the normal rights of the consumer. The study is undertaken during lockdown period to understand the consumer protection system.If consumer is satisfied it helps to maintain the law and order in the country and develop the cooperative attitude among the society. Attempt is made to simplify topic for better administration of the pandemic situation arisen due to COVID-19.This article will help to create awareness among society towards consumer protection. Satisfied consumer assists to develop hands in hands for efficient administration and fight the pandemic situation.The role of government in protecting the consumer rights during lockdown period is remarkable. Attempts were made to measure the experience of the students related to unfair and restricted trade practices.Every consumer is expecting to enjoy their rights but during pandemic it is more realistic to renounce their rights to combat coronavirus.

scholarly journals The Contract for the Delivery of Goods to Retail Chains as a Mechanism for Consumer Rights Protection: A Theoretical and Legal Aspect

2021 ◽  
Vol 16 (6) ◽  
pp. 123-132
Author(s):  
N. N. Karpov
Keyword(s):  
Information Systems ◽  
Consumer Protection ◽  
Critical Analysis ◽  
Legal Aspect ◽  
Regulatory Regime ◽  
Technical Regulation ◽  
Rights Protection ◽  
Consumer Rights ◽  
Product Manufacturing ◽  
Retail Chains

The paper discusses the terms of the contract for the delivery of goods to retail chains, the inclusion and execution of which, according to the author, is associated with ensuring the protection of consumer rights. The author analyzes provisions of the legislation on trade activities, technical regulation, digital marking. Liability for violation of the relevant requirements is considered, conclusions are drawn about the need for the correlation of information systems. The author considers the practice of formation by retailers of the terms of the contract for the delivery of goods to retail chains related to ensuring the protection of consumer rights. In support of the conclusions contained in the paper, the author refers to current jurisprudence. On the basis of a critical analysis of the norms of the legislation on trade in conjunction with the legislation on consumer protection, recommendations were made regarding inclusion of appropriate conditions into the delivery agreement, including the conditions for conducting an audit of product manufacturing. In addition, the article proposes to expand the list of goods for the delivery of which to retail chains a special regulatory regime should be applied.

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