Consumerism Qualification: Doctrine and Case Law

2021 ◽  
Vol 5 ◽  
pp. 22-28
Author(s):  
V. A. Kondrat'ev ◽  

А number of factors influence the qualification of relations as consumer relations, however, neither a scientific literature nor law enforcement practice has formed a common list of signs defining the relationship to the subject of regulation of consumer protection legislation. The main purpose of the article is to identify signs that qualify the relationship as consumer. Achieving the goal of the article is carried out by solving the following tasks: determining the influence of the subject composition of relations, the nature of their activities, as well as other signs on the qualification of relations in order to apply legislation on consumer protection. The article was prepared using general scientific methods (systemic, logical) and special legal methods (comparative legal, formal legal). The author comes to the conclusion that for the proper qualification of public relations in order to apply legislation on the protection of consumer rights, it is necessary to take into account both the subject composition and the purpose of purchasing goods. The formal affiliation of a person to a particular category of entities cannot definitely indicate the goals of a person entering into a relationship. In particular, an individual entrepreneur has a dual status, being, on the one hand, a citizen, and on the other, a subject of entrepreneurial activity. The article also concluded that when determining the purpose of acquiring a product (work, service), it is necessary to take into account both direct signs expressed in the nature of the person's activity and indirect ones determined by the quantity of the purchased goods and its technical and functional characteristics. To assess indirect features, the author suggests referring to the category of «average person» formed in the general theory of law.

1980 ◽  
Vol 25 (5) ◽  
pp. 381-385
Author(s):  
Jean-Charles Crombez

The questionnaire on continuing education by the Canadian Psychiatric Association's Council on Education and Professional Liaison, sent in 1978 to all Canadian psychiatrists, raises in the author's mind, in spite of his participation in its establishment, the question of the philosophy behind it. Indeed, seeing signs of a greater problem, he identifies the need for two studies, one dealing with the “object”, the other with the “relationship”. Not elaborating on the first one (description of patients and techniques) which is well known, he describes the second as the knowledge and significance of the encounter (that of two persons inevitably and structurally linked). This “area of relations” paradoxically given too little value in the teaching of psychiatry, is more analogical than logical, more intuitive than deductive, more perceptual than intellectual, and more multifactorial than linear. Yet, this dimension of the encounter (whether individual, familial, group or co-therapy) should take place in conjunction with the objective approach, but the latter occurs alone too often. In order to give to this field of relationship a scientific status of its own, and to reintroduce the techniques instead of using them as guard-rails, proper techniques or methods should be employed or developed if necessary. This includes on the one hand the learning of different levels of awareness and the widening of our perceptual, sensorial, intuitive and analogical capacities. (This would allow for an experience of the fundamental relationship between fields that are apart symptom-wise: dream and awakening, physical and psychic, interior and exterior, fantasy and reality, representations and objects, and so on.) On the other hand this leads us to increase our capacity to listen, to abandon ourselves and to get involved, and to “conceive” a presence within the relationship. Finally, there is this learning of how to observe oneself in a situation, of how to look at what is going on within the encounter (and it is in that very position and this very questioning that the concept of neutrality can be understood, not in the legendary phlegm of impenetrability). This can be done within an “experiential” teaching: for the therapist this means the experience and the study of his own involvement, either with a patient or in groups. Another method is supervision, not as “super”-vision but rather as “inter-discovery” and not as control but rather as “ex-pression.” Working in small groups with colleagues where one can enquire about others’ experiences without any normative goal and with an open attitude is desirable. Another tool would be professional meetings, but not in their current form which is not adapted to the field of the relationship. And so on. The author sees a fundamental necessity for these two fields of the “object” and the “relationship” to be taught conjointly, and neither one nor the other to be excluded from the psychiatrist's training; which is not the case at present. The “field of the object” implies an effort at objectifying, defining variables, causes, using experimental methodology, and a more quantitative analysis. The “field of the relationship” implies positions that are often opposed to this. This contradiction seems necessary and inevitable within every person. One tendency is to make ourselves believe that we avoid this contradiction by pretending to total objectivity: that of scientific psychiatry and clear logic. Finally the author returns to the questionnaire that, precisely in its form, is too uniquely meant for an objective teaching: teaching of diagnoses, illnesses, chart controls, patient controls, teaching through questionnaires, case presentations, putting emphasis on articles or textbooks. This proposed method is adapted for teaching persons considered as entities; and learning techniques considered as reified tools. This is exactly the classical stream of university courses and specialty examinations. This reinforces the illusion. There is also the danger, via the “credit” game, that it will strengthen the already strong tendency to mere objectifying of the subject, of the therapist and of science; that it will privilege a normative vision; and discredit certain essential and humanistic dimensions.


Author(s):  
Oksana Krushnitska

This article discusses the relationship between legal, legal aid and legal assistance. The lack of a clear distinction between the term "legal assistence" and the terms "legal aid" and "legal" has led, in our observations, to the conclusions of individual authors and entire institutions that Ukraine's law enshrines in fact a triple system legal aid. Studies have shown that the legislator distinguishes between "legal aid" and "legal" (or legal) assistance, depending on the subject of assistance. Positive trends in the replacement of legal aid terminology with professional legal aid have been identified and shown. At he article notes that the development and establishment of independent professional legal assistance continues in the future. A large number of reforms and changes, especially at the constitutional level, on the one hand, contribute to improving and improving the development of the institution of professional legal assistance, and on the other hand, there are many contradictions and inconsistencies in this regard, because the introduction of new terms is always a supporter for its introduction and against it. Legal aid is the most successful term and should be interpreted as a multidimensional legal practice aimed at ensuring the rule of law and the realization of the rights of each person who enters into a specific legal relationship, the content of which is the implementation of legally defined means, including legal advice and clarification of the rights and procedures for their implementation, assistance in the preparation and filing of applications, petitions, complaints and other legal documents, initiation and participation in procedural actions and proper recording of their course and results, assessment of the adherence, validity and admissibility of evidence, analysis of the legality of legal decisions, taking measures to remedy infringed cases. to, damages caused offense. It also includes some of the problems that need to be addressed by further consolidating professional legal assistance in other regulations to ensure their compliance with the Basic Law of Ukraine.


Author(s):  
Robert Merkin ◽  
Séverine Saintier

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. False statements of fact that induce a contract are known as actionable misrepresentations. In case of a misrepresentation, there are different legal remedies for breaches of contract. A misrepresentation renders the contract voidable (liable to be set aside using the remedy of rescission) so that the contract will be treated as if it had never been made, whereas a breach of contract will have no effect on the existence of the contract (in the absence of a repudiatory breach that will terminate the contract when future contractual obligations will be discharged). The chapter identifies actionable misrepresentations and, in particular, loss in instances where there is a duty of disclosure in English law. There are three types of actionable misrepresentations, dependent upon the state of mind of the one who makes the false statement: fraudulent, negligent, and innocent. This chapter looks at the legal remedies for actionable misrepresentations such as rescission, the availability of damages for different types of misrepresentations and the provisions of the Misrepresentation Act 1967. It also examines the effect of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) as amended on this area of law, the criminal offences and civil remedies for consumers, as well as the relationship of misrepresentation to other areas of law. Finally, it looks at clauses that seek to exclude or limit liability for misrepresentation or to deny any actionable misrepresentation, e.g. ‘non-reliance clauses’.


1981 ◽  
Vol 11 (1) ◽  
pp. 44-46 ◽  
Author(s):  
D.P. Fourie

It is increasingly realized that hypnosis may be seen from an interpersonal point of view, meaning that it forms part of the relationship between the hypnotist and the subject. From this premise it follows that what goes on in the relationship prior to hypnosis probably has an influence on the hypnosis. Certain of these prior occurences can then be seen as waking suggestionns (however implicitly given) that the subject should behave in a certain way with regard to the subsequent hypnosis. A study was conducted to test the hypothesis that waking suggestions regarding post-hypnotic amnesia are effective. Eighteen female subjects were randomly divided into two groups. The groups listened to a tape-recorded talk on hypnosis in which for the one group amnesia for the subsequent hypnotic experience and for the other group no such amnesia was suggested. Thereafter the Stanford Hypnotic Susceptibility Scale was administered to all subjects. Only the interrogation part of the amnesia item of the scale was administered. The subjects to whom post-hypnotic amnesia was suggested tended to score lower on the amnesia item than the other subjects, as was expected, but the difference between the mean amnesia scores of the two groups was not significant.


2002 ◽  
Vol 33 (1) ◽  
pp. 91-96 ◽  
Author(s):  
W. SELLWOOD ◽  
N. TARRIER ◽  
J. QUINN ◽  
C. BARROWCLOUGH

Background. A variety of factors are related to compliance with medication in schizophrenia, but little attention has been paid to the role of families. Carers' knowledge or expressed emotion (EE) may be related to compliance. The aim of the present study was to evaluate the relevance of these two factors, as well as their relationships with other variables for the prediction of compliance.Method. A sample of patient–carer pairs (N=79) involved in a family intervention for schizophrenia trial was recruited. Compliance, symptoms, social functioning and attitudes to their carers were assessed in patients. Carers' EE, knowledge and psychopathology were also evaluated.Results. A number of factors were related to compliance, including carers' EE and patients' psychotic symptoms, which contributed independently to not taking medication. Carers' knowledge about schizophrenia and other groups of symptoms was not related to compliance.Conclusions. EE may be an important factor to account for in the understanding of patients' compliance and the direction of the relationship between EE and compliance should be the subject of further study.


1972 ◽  
Vol 1 (13) ◽  
pp. 97
Author(s):  
H.R. Kivisild ◽  
G.D. Ransford

Ice effects on coastal structures, and more particularly the maximum forces caused by ice action, depend on a number of factors, such as:- (a) The physical properties of the ice encountered. (b) The thickness of ice formations. (c) The size of these formations, and their motion. (d) The shape and size of the structures concerned. Past history of ice accumulations is important too, not only in relation to ice properties (as when new ice and multiyear ice are found together at the one location), but also for instance when structures become frozen in, or when ice debris accumulates on sloping faces or when ice bustles form around piers. The very considerable difficulties in carrying out insitu experimental work, not only on the overall effects of interest to engineers such as ice thrust on fixed structures, but also on ice properties themselves, mean that there are still large gaps in our knowledge of the subject. Finally, the non-isotropic nature of the naturally occurring ice, and the broad spectrum of ice behaviour under loading (brittle,ductile or, when creep predominates, viscous), contribute still further to the complexity of the subject.


2018 ◽  
Vol 2 (3) ◽  
pp. 72-77
Author(s):  
A. Algazina

The subject. The paper is devoted to the main trends of the Russian customs law at the present stage.The purpose of the paper is to determine the place of customs law in the system of Russian law and to identify the features of its impact on the development of integration within the EAEU.The methodological basis for the study: general scientific methods (analysis, synthesis, com-parison, description); private and academic (interpretation, formal-legal).Results, scope. Despite all the variety of social relations that make up the subject of customs law, their core is the relationship associated with the management of customs authorities, regulated by the rules of administrative law. In this regard, the allocation of customs law as an independent branch of law, in our opinion, is premature.Further development of integration within the EAEU has necessitated the development and adoption of a new codified legal act regulating public relations in the field of customs.Analysis of the provisions of the customs code of the EAEU revealed the following innovations, confirming the thesis on the simplification of regulation in the sphere of customs affairs:– reduction of terms of performance of separate customs operations;– priority of electronic Declaration form;– improvement of the Institute of customs control;– further development of the Institute of authorized economic operators.Conclusions. Customs law is a sub-branch of administrative law at present. A natural con-sequence of the integration processes is the transformation of the domestic customs law into an alloy of international law, integration law (acts of the EAEU) and national law.


Obiter ◽  
2021 ◽  
Vol 34 (3) ◽  
Author(s):  
Darren Subramanien

There is no assumption of marriage in South African law in consequence of cohabitation regardless of the duration of the relationship. Our law does not give automatic rights to partners in a cohabitation relationship. If one of the parties dies without leaving a will for instance, the domestic partner is not legally entitled to inherit or to claim maintenance from the deceased’s estate. An aggrieved party would have to go to court to show that the parties were partners in a “universal partnership” and that the one party owes something to the other. The question that often arises is whether any mechanisms exist for the division of assets accumulated in a cohabitation situation on separation of the parties. If parties have cohabited and they can prove that a tacit universal partnership exists between them, all property of such apartnership is deemed to be jointly owned by the parties and debts are the joint liability of the parties. The issue as to whether a tacit universal partnership extends beyond commercial undertakings and whether the contribution by each party must be confined to profit-making has been the subject of much debate by our courts but has finally been decided by the court in the cases of Ponelat v Schrepfer (2012 (1) SA 206 (SCA)) and Butters v Mncora (181/2011) [2012] ZASCA 29 (28 March 2012)).


2021 ◽  
Vol 58 (1) ◽  
pp. 555-566
Author(s):  
Mohamed Fahmi Ghazwi

The OECD defined corporate governance  as, enforce laws, rules and standards that define the relationship between company management on the one hand, shareholders, stakeholders or parties associated with the company on the other, and urge financial institutions to adopt those laws and standards in their systems to ensure universal classification, such laws and standards are called corporate governance. Some countries have adopted such standards, which are based on integrity and transparency, such as the Hashemite Kingdom of Jordan, but the apply these standards to protect the minority of shareholders in the joint stock companies are in conflict with certain legal provisions laid down by the Jordanian legislature in the companies Act. The Jordanian companies' law and some other financial laws have, of course, included a number of factors that encourage corporate governance, but on the other hand, we find texts that still impede the application of these standards and provide indicators that do not encourage the application of their standards and affect the rights of minority shareholders. The study will refer to the most important corporate governance criteria that balance the rights of the minority and majority shareholders with those that still need to be modified.


2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Małgorzata Zdon-Korzeniowska

Nowadays, in conditions of globalisation, and simultaneously with tendencies to decentralise management at the level of states and regions, individual territorial units (cities, municipalities, regions) are forced to adopt a more proactive, market-oriented approach to development. This process requires constant analysis of the environment and response to emerging changes; consideration of the offers of the competition and customer’s expectations. The purpose of this article is to show a market approach to managing the development of territorial units as a function of entrepreneurship. In particular, to show the relationship between the market orientation of local governments and entrepreneurship. This is understood, on the one hand, as a process of identifying and using opportunities and on the other, as a process of creating new enterprises, where special attention is paid to the emerging idea of territorial units as entrepreneurs. The latter concept appears increasingly frequently in the literature and colloquial language. Market orientation is an expression of the entrepreneurship of local government. Its impact on entrepreneurship on a given territorial unit is a new and important research area that requires exploration. The paper is based on the theoretical discussion using selected literature on the subject.


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