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.

Refining the Right to Information in Vietnamese Consumer Law: Insights from Australia

2021 ◽  
Vol 16 (1) ◽  
pp. 61-83
Author(s):  
Lam Uyen Lu ◽  
Niloufer Selvadurai
Keyword(s):  
Consumer Protection ◽  
Critical Role ◽  
Consumer Welfare ◽  
Regulatory Framework ◽  
Law Reform ◽  
Legal Systems ◽  
Consumer Law ◽  
Similarities And Differences ◽  
Right To Information ◽  
The Right

AbstractIn upholding a consumer's right to information, regulations prohibiting misleading or deceptive conduct perform a critical role in supporting consumer welfare and encouraging equity in business and commerce. While Vietnam enacted a Law on Consumer Protection in 2010, its provisions in this area are limited in ambit and application. In order to improve the effectiveness of a consumer's right to information in Vietnam, it is useful to examine the Australia Consumer Law which has a sophisticated regulatory framework in this area. By comparing the laws prohibiting misleading or deceptive conduct in the Vietnamese Law on Consumer Protection and the Australia Consumer Law, this article identifies certain similarities and differences between the two legal systems, thereby clarifying shortcomings that can lead to inadequacies and inefficiencies of this area of the law and providing a platform for law reform in Vietnam.

CONSUMER PROTECTION AND ITS IMPACT ON INTERNATIONAL LOGISTICS

2020 ◽  
Author(s):  
M. S. Port
Keyword(s):  
Consumer Protection ◽  
Goods And Services ◽  
Basic Rights ◽  
Right To Information ◽  
The Right ◽  
Judicial Protection ◽  
Functional Areas

The paper considers the basic rights of consumers who purchase goods and services (the right to information, the right to safety and proper quality of purchased goods and services, the right to compensation for damages and judicial protection, the right to exchange goods or return them), and also reflects their impact on the functional areas of international logistics

scholarly journals Legal Challenges in the face of the Decisive Transformation of the Media

2020 ◽  
Vol 12 (2) ◽  
pp. 38-63
Author(s):  
Mireia Moreso Cantalejo
Keyword(s):  
Latin American ◽  
Business Models ◽  
New Technologies ◽  
Personal Data ◽  
Point Of View ◽  
Effective Response ◽  
Digital Platforms ◽  
The Face ◽  
Right To Information ◽  
The Right

Purpose ”“ Approach and analyze the technological industries in society, as a global society, and how it is approached from the legal point of view. This study aims to make an analysis of the social context and technological progress and determine what main legal problems arise. There is also the purpose of investigating what impact new technologies have had in the audiovisual industry globally, taking into account the emergence of new digital business models, in order to determine their legal nature. Methodology ”“ The methodology used is mainly based on the analysis of the different Laws that regulate the digital market. The approach has been directed at European claims to respond to new digital models and discover if the result has had an effective application on citizens. Findings ”“ The study sets out as objectives achieved cross-border access of audiovisual platforms in the European territorial area. Objective met in a positive way but still with many inconveniences. It is noted a clear advantage for users, but with universal challenges, such as the exploitation of audiovisual content within the Right to information. Practical Implications ”“ If the laws were more current, companies and technological industries could give a more effective response to society, while creating wealth. It also shows the comparison between a European system, more protectionist towards the user, for example, with the protection of personal data, with respect to the Latin American system law. These differences impact economically differently in each country. Originality ”“ The study detects the most fragile points, the current conflicts of the digital platforms and shows the lines to follow through public policies.

scholarly journals Сriminal Law Protection of the Autonomy of Patients in Ukraine. Part 1

2021 ◽  
Vol 30 (4) ◽  
pp. 373
Author(s):  
Sofiya Likhova ◽  
Marek Mozgawa
Keyword(s):  
Point Of View ◽  
Correct Treatment ◽  
Medical Interventions ◽  
Staff Members ◽  
Professional Activities ◽  
Leading Role ◽  
Patient’S Autonomy ◽  
The Social ◽  
Right To Information ◽  
The Right

<p>The article aims to analyze the phenomenon of “patient’s autonomy” as an object of criminal law protection. Patients’ autonomy is one of the most important rights. Respect for it is one of the factors ensuring the correct treatment process. The article is divided into two parts. In this part, the authors analyze the legal acts of Ukraine, which regulate the process of providing medical services and guarantee patients’ right to autonomy. The authors discuss, i.a., the issue of the patient’s consent to medical interventions or the right to information about his or her state of health. They also point to statistics on offences committed by medical staff members in connection with their professional activities. Furthermore, they point out that the problem of violation of patient’s autonomy should be looked at not only from the legal but also from the social point of view. This applies to the patient–medical relationship, in which the doctor plays a leading role. Moreover, the content of these relations lies not only on the professional but also on the bioethical level.</p>

Criteria for the Classification of Legal Systems

2021 ◽  
pp. 72-77
Author(s):  
A. O. Zernov ◽  
E. V. Voskresenskaya ◽  
N. N. Zhil’skiy
Keyword(s):  
Political System ◽  
Comparative Law ◽  
Point Of View ◽  
Special Consideration ◽  
Legal Systems ◽  
The World

The article considers the necessity and importance of the issue concerning the classification of legal systems, which is caused by the following. The idea of classification of legal systems arose in comparative law at the beginning of the XX century in connection with the increase in national legal systems; with the destruction of the colonial system, the legal systems of the liberated countries arose and developed; and at the end of the XX century, this trend continues with the destruction of the socialist political system, which entails the appearance of new legal systems on the legal map of the world. It is also necessary not only to study it from the point of view of the special, consideration of individual parts that incorporate similar legal systems, but also to solve the problem in practice-the unification of current legislation and the improvement of national legal systems.

Assignment

2017 ◽  
Author(s):  
Hein Kötz
Keyword(s):  
Economic Importance ◽  
Point Of View ◽  
Historical Overview ◽  
Legal Systems ◽  
The Law ◽  
The Right

This chapter examines the law governing the transfer of contract rights that allows the new creditor to take the place of the old and enforce the right against the debtor in the same way. Legal systems differ as to when and how the debtor is to be apprised of the transfer of contract rights. One issue is whether informing the debtor not only makes sense from the assignee’s point of view, but is actually required. The chapter first provides a historical overview of assignment and considers its economic importance before discussing the requirements of an effective assignment, focusing on substantive validity, non-assignable rights, and how courts deal with disputes over priorities of claims. It also tackles the question of what obligations may arise between assignor and assignee when the agreement effects a change of creditor. Finally, it reviews the rules to prevent the debtor being prejudiced by a change of creditor.

Self-Determination in Clinical Practice: the Psychiatric Patient's Point of View

1996 ◽  
Vol 3 (4) ◽  
pp. 329-344 ◽  
Author(s):  
Maritta Välimäki ◽  
Helena Leino-Kilpi ◽  
Hans Helenius
Keyword(s):  
Psychiatric Patients ◽  
Health Care Organization ◽  
Point Of View ◽  
Self Determination ◽  
Care Organization ◽  
Right To Refuse Treatment ◽  
Right To Information ◽  
The Right ◽  
Right To Refuse

This article looks at the relevance of the concept of self-determination to psychiatric patients by studying the existence, importance and manifestations of self-determination. The data were collected by interviewing long-term patients (n = 72) in one mental health care organization, which included a psychiatric hospital and an outpatient department. Self-determination was defined in terms of the right to decision-making, the right to information, the right of consent, the right to refuse treatment, and the right to be heard and taken into account. It was found that, with the exception of the right to refuse and consent, these rights are indeed present in the practice of psychiatric nursing and that they are relevant and important to psychiatric patients. The patients typically gave ethical, practical and legal reasons for a psychiatric patient's right to self-determination. The main reasons why psychiatric patients said they lacked the right to self-determination were illness and staff authority. Recommendations for educational, clinical and methodological implications for the future in nursing are discussed.

The Limits of Confidentiality and of the Right to Privacy

2018 ◽  
pp. 155-173
Author(s):  
Elena Unguru
Keyword(s):  
Social Work ◽  
Private Life ◽  
Point Of View ◽  
Public And Private ◽  
The Public ◽  
The Right To Privacy ◽  
The Social ◽  
The Public Sphere ◽  
Right To Information ◽  
The Right

Social work acts at within the public and private fields. From an ethical point of view, the first one is governed by the society's right to information and the social worker's obligation for transparency. The second one is the beneficiary's right to private life and the social worker's obligation of confidentiality. The two sets of competing rights and obligations define the dual nature of social work to act both in the public sphere, as well as the private one. Starting from the case of Tarasoff, the American instances stated that the obligation of the therapist to protect the possible victims is a priority to that of confidentiality. The current chapter follows the meaning of this obligation in the practice of social work, as well as the clarification of the importance and limits of applicability of the principle of confidentiality in social work.

scholarly journals Die staatliche Blockierung des Zugangs zu Internetinhalten in Russland – Eine Analyse aus verfassungsrechtlicher Sicht

2019 ◽  
Vol 65 (1) ◽  
pp. 5-36
Author(s):  
Julian-Ivan Beriger
Keyword(s):  
Freedom Of Expression ◽  
Attorney General ◽  
Legal Regulation ◽  
Point Of View ◽  
Federal Law ◽  
Eine Analyse ◽  
Russian Constitution ◽  
Internet Censorship ◽  
Right To Information ◽  
The Right

Since 2012, the legal possibilities for state blocking of web content in Russia have been largely expanded by amendments to the Federal Information Act (Art. 15.1.-15.8. Federal law of 27 July 2006 No. 149-FZ). Therefore, Internet censorship has been steadily growing in Russia over the last years. From a constitutional point of view, the “ordinary procedure” in Art. 15.1. InfoG and the “express block” in Art. 15.3. InfoG are the most important state blocking procedures. While in the “ordinary procedure” the owner of the website is given the opportunity to voluntarily delete the offending information, the “express block” suggests immediate blocking of the relevant websites by order of the Attorney General of the Russian Federation. The state blocking of online content affects the right to information and communication and the freedom of expression, guaranteed in Art. 29 of the Russian Constitution (Art. 10 ECHR and Art. 19 ICCPR). The current blocking practice of the Russian authorities does not meet the requirement of “proportionality“ of state action, which is stated by Art. 55 (3) of the Russian Constitution (Art. 10 (2) ECHR and Art. 19 (2) ICCPR). Legal regulation of the internet is expected to continue growing in Russia due to the various legislative initiatives in this field.

Level of Awareness on the Right to Information Act, 2005 Among Beneficiaries in Selected Districts of Rajasthan

2011 ◽  
Vol 2 (1) ◽  
pp. 118-120
Author(s):  
Harendra Singh ◽  
◽  
Dr. S.S. Chouhan Dr. S.S. Chouhan ◽  
Dr. Sonia Dutt Sharma
Keyword(s):  
Right To Information ◽  
The Right
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