scholarly journals DA PROIBIÇÃO DO RETROCESSO NA DEFESA DO CONSUMIDOR:DISCUSSÃO SOBRE O PL 1179/2020

2021 ◽  
Vol 4 (4) ◽  
pp. 187-194
Author(s):  
Licia Pimentel Marconi ◽  
Myllena Silva ◽  
Silvia Milena Assis Miranda ◽  
Thamires Isabele Novais Silva
Keyword(s):  
Present Article ◽  
Consumer Protection ◽  
Return Period ◽  
Home Delivery ◽  
The State ◽  
Legislative Power ◽  
Consumer Rights ◽  
In The Beginning

This article intends to bring to discussion the reality that was imposed early in the beginning of the year 2020, more precisely in March, with the state of public calamity worldwide installed and decreed in Brazil and the essential need to regulate relations in different sectors of society in due to the pandemic;in Brazil, immediately the Legislative Power, on the initiative of Senator Antonio Anastasia -PSD / MG, presented a law project of number 1179/2020 with a proposal to regulate thetransitional relations resulting from the impacts caused by the decree of the pandemic.In this context, the article seeks to tackle concepts, legal institutes, factual situations to discuss one of the subjects affected with the pandemic, specifically theconsumer and his right of regret when purchasing a product or service, considering that one of the points discussed in the respective project on the agenda is the provision on the provisional suspension of the provision provided for in article 49 of the Consumer Protection Code -CDC -regarding the return period in the event of a product or service purchased by home delivery, more specifically delivery.In this perspective the present article resides, in analyzing how much this forecast, albeit transitory, and in order to placate the critical effects generated by the decree of the state of calamity, due to the action of COVID-19, represents a setback to the consumer rights.

scholarly journals ROLE FORENSIC TRADE ANALYSIS WHILE HEARING CONSUMER PROTECTION CASES

2019 ◽  
Vol 19 (1) ◽  
pp. 406-416
Author(s):  
O. Dontsova ◽  
G. Sich
Keyword(s):  
Consumer Protection ◽  
Human Life ◽  
Poor Quality ◽  
The State ◽  
The European Union ◽  
Goods And Services ◽  
Consumer Rights ◽  
Major Player ◽  
The Right

This article content is aimed at characterization of urgent problematic issues, which are connected with determining the place of forensic expertise in cases related to the protection of consumer rights and the development of ways of solving emerging problems. The article emphasizes that in accordance with the current legislation, consumers have the right to protect their rights to the necessary quality, safety of goods and services, as well as the right to compensation for losses caused by goods of inadequate quality, dangerous to life and health, etc. It is determined that the main control in the sphere of trade is exercised by the State Service for Product Safety and Consumer Protection, and it is established that the problems are the inability of this service to carry out an instant check on a consumer complaint of a particular point of sale. At the present stage, the problem of citizens' rights including rights in the sphere of consumption, is extremely urgent, because accession of Ukraine to the European Union requires the application of European standards of product quality. In developed country, the consumer is a major player in market relations, which is focused on the production and improvement of the quality of goods and services. The application of sanctions to sellers, manufacturers of poor-quality products does not always give the necessary effect, because usually an unscrupulous manufacturer (seller, executor) pays a fine and continues to provide poor quality services, to supply products that are dangerous to life and health. Important factor in improving the quality of products and services provided is the legal knowledge of consumers themselves in protecting their rights. Consumer rights have a prerogative over the rights of sellers and producers, since human life and health under the Constitution of Ukraine is a fundamental value of the state. The authors described the actions that the consumer should take to protect their violated rights, and emphasized that in cases where the consumer seeks to restore justice for this issue, he should ask an expert institution to perform a forensic trade research.

scholarly journals Perlindungan Bagi Hak Konsumen dan Tanggung Jawab Pelaku Usaha Dalam Perjanjian Transaksi Elektronik

2017 ◽  
Vol 1 (3) ◽  
pp. 46-64
Author(s):  
Desy Ary Setyawati ◽  
Dahlan Ali ◽  
M. Nur Rasyid
Keyword(s):  
Consumer Protection ◽  
The State ◽  
Electronic Systems ◽  
Legal Certainty ◽  
Goods And Services ◽  
Consumer Rights ◽  
Correct Information ◽  
Electronic Transactions ◽  
Commercial Transaction ◽  
Legal Relief

Transaksi elektronik adalah  suatu transaksi perdagangan atau perniagaan baik berupa penyebaran, pembelian, penjualan, pemasaran barang dan jasa dengan menggunakan media elektronik yang terhubung melalui internet. Dengan adanya transaksi elektronik sangat menguntungkan bagi pihak konsumen dalam memilih berbagai jenis barang namun pelanggaran hak-hak konsumen sangat memungkinkan terjadi  mengingat transaksi elektronik mempunyai karakteristik yang berbeda dengan transaksi konvensional. Untuk itu diperlukannya perlingan hukum terhapa konsumen dalam jual beli barang yang mengandung unsure penyalahgunaan keadaan yang dihubungkan dengan Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen (UUPK). Penyalahgunaan keadaan yang sering dilakukan oleh pihak pelaku usaha adalah melanggar Pasal 4 UUPK tentang hak-hak konsumen. Penyalahgunaan keadaan juga dapat dilakukan oleh pihak pelaku usaha dengan mencantumkan klausula baku tidak sesuai dengan Pasal 18 UUPK tentang larangan pencantuman klausula baku.  Akibat dari penyalahgunaan keadaan dari pihak pelaku usaha mengakibatkan pihak konsumen mengalami kerugian dan mengakibatkan terjadinya wanprestasi. Selain UUPK dalam transaksi elektronik mengenai perlindungan terhadap konsumen juga diatur dalam Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik (UUITE). UUITE menjelaskan tentang tanggung jawab pelaku usaha terhadap konsumen yang terdapat dalam Pasal 9 UUITE yang menyatakan bahwa,” Pelaku usaha yang menawarkan produk melalui sistem elektronik harus menyediakan informasi yang lengkap dan benar berkaitan dengan syarat kontrak, produsen, dan produk yang ditawarkan”. Pasal ini menjelaskan tanggung jawab pelaku usaha dalam memberikan informasi yang sebenarnya mengenai toko online miliknya dan informasi terkait pencantuman klausula baku untuk menghindari terjadinya wanprestasi antara pihak konsumen dan pelaku usaha. Dalam kondisi seperti ini sepatutnya negara hadir terutama dalam wujud hukum yang mengatur dan memberi perlindungan kepada konsumen, seperti yang dijelaskan dalam Pasal 1 angka 1  UUPK menyebutkan bahwa Perlindungan Konsumen adalah segala upaya yang menjamin adanya kepastian hukum untuk memberi perlindungan kepada konsumen.Electronic transaction is a trading or commercial transaction in the form of distributing, purchasing, selling, marketing of goods and services by using electronic media connected via internet. With the electronic transaction is very beneficial for the consumer in choosing various types of goods but violations of consumer rights is possible because electronic transactions have characteristics different from conventional transactions. Therefore, the need for legal relief on consumers in buying and selling of goods containing elements of misuse of the circumstances associated with the Act Number 8, 1999 concerning Customer Protection (UUPK). Abuse of the state that is often done by the business actor is violating Article 4 UUPK concerning consumer rights. Abuse of the situation can also be done by the business actor by stating the standard clause does not comply with Article 18 UUPK about the ban on the inclusion of the standard clause. As a result of misuse of the circumstances of the business actors resulted in the consumer losses and resulted in a default. In addition to UUPK in electronic transactions concerning consumer protection is also regulated in the Information and Electronic Transaction Act (UUITE). UUITE explains the business actors' responsibility to consumers contained in Article 9 UUITE states that, "Business actors offering products through electronic systems must provide complete and correct information relating to the terms of contracts, producers and offered products". This Article describes the responsibility of business actors in providing actual information about their online store and information related to the inclusion of standard clauses to avoid the occurrence of wanprestasi between the consumer and business actor. Under these circumstances, the state should be present primarily in the form of laws that regulate and provide protection to consumers, as described in Article 1 point 1 UUPK mention that Consumer Protection is any effort that ensures legal certainty to provide protection to consumers.

scholarly journals CONSUMER AWARENESS AMONG COLLEGE STUDENTS

2017 ◽  
Vol 5 (6) ◽  
pp. 223-230
Author(s):  
Kangkana Chaudhury
Keyword(s):  
College Students ◽  
Consumer Protection ◽  
Age Groups ◽  
The State ◽  
Consumer Awareness ◽  
Consumer Protection Act ◽  
Consumer Rights ◽  
Awareness Level ◽  
State Board

Right from birth each and every one of us becomes a consumer but people hardly know about the rights and responsibilities they have as a consumer. There is a great need for awareness regarding consumer rights, responsibilities and the grievance handling machinery among people of all age groups. This paper aims at knowing the awareness level of students regarding the same and also spread awareness in the attempt. The protection against exploitation and unscrupulous activities of the manufacturers and traders provided by law is equal for each one of us. Then why is it that the Consumer Protection Act, 1986 is included in the Higher Secondary and Degree syllabus of Commerce stream only? This paper intends at putting forward the suggestion of the inclusion of Consumer Protection Act in Higher Secondary/ Degree syllabus of all streams of the State Board/ University so as to help build a nation of responsible citizens who can lead a secured life, away from the evil intentions of traders. After all, an aware consumer is a safe consumer.

scholarly journals Consumer Protection: Policy and Law in India

2020 ◽  
Vol 1 (1) ◽  
pp. p39
Author(s):  
Mohammed Irshadun Nabi ◽  
Mohammed Kamalun Nabi
Keyword(s):  
Consumer Protection ◽  
Electronic Media ◽  
The State ◽  
Over The Counter ◽  
Protection Policy ◽  
Average Consumer ◽  
Consumer Rights ◽  
Domestic Appliances

Consumer Protection Policy creates an environment where consumers receive satisfaction from the goods or services availed by them. One of the disquieting features of consumerism is that an average consumer continues to suffer due to poverty, illiteracy, ignorance or general apathy. Adulterated food, spurious medicines and substandard domestic appliances etc., are pushed over the counter with ease. Glossy and unethical advertisements are published in the print and electronic media with intent to allure and dupe gullible consumers. So, it becomes imperative for the State to initiate steps for safeguarding the interest of consumers by enacting suitable legislations. The present study is a modest attempt at ascertaining the need for consumer protection, identification of factors responsible for exploitation of consumers, and the role law can play in protecting consumer rights visa-a-vis the vendors and in striking a balance between the interests of the two.

Legal regulations of the consumer protection in Ukraine with regard to Ukraine’s obligation of adaptation to the EU legislation

2020 ◽  
pp. 61-78
Author(s):  
Oksana Holovko-Havrysheva
Keyword(s):  
Consumer Protection ◽  
The State ◽  
Association Agreement ◽  
Policy Model ◽  
Consumer Rights ◽  
Article Analysis ◽  
Protection Mechanisms ◽  
European Standards ◽  
The Government ◽  
The Eu

Since 2014 Ukraine has been implementing the EU–Ukraine Association Agreement in its domestic legal system and facing a lot of challenges introducing European rules and practices into the country’s daily life. The area of consumer protection is one of the most challenging fields due to the cross-cutting nature of consumer protection and its high relevance for all stakeholders: the state, businesses, and consumers. Reforming the Ukrainian consumer protection system and policy is one of the key tasks for the Government of Ukraine. These changes will affect almost the entire population of the country, but – as presented in this article analysis demonstrates – the progress in adjusting Ukrainian legislation in this field to the level needed to correspond to the European standards is moving rather slowly. The author concludes that a comprehensive and well-balanced consumer protection policy model instead of constant amendments to the consumer rights legislation needs to be developed in Ukraine with the proper consideration of the interests of businesses, the state and, first of all, the consumers. Amending the consumer rights legislation does not mean automatically the improvement of the consumer protection level in the country, especially in the situation, when the efficiency of the developed remedies and protection mechanisms depends on wider reforms in judiciary and executive branches in the state.

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.

scholarly journals ‘We Too Have a Word to Say’

2018 ◽  
Vol 1 (1) ◽  
pp. 48-68
Author(s):  
Muzaffer Kaya
Keyword(s):  
The State ◽  
Global Level ◽  
Main Determinant ◽  
Governmental Policy ◽  
The 1960S ◽  
The Right ◽  
In The Beginning

This article seeks to explain how in the beginning of the 1960s in Turkey the right to strike was adopted as a social right. The existing literature is divided regarding the factors that led to the shift in governmental policy. While some argue that the state granted this right without any struggle on the side of the workers, others propose that the main determinant in the process was the struggle of workers. By scrutinizing the interaction between political developments at the state and party levels, and the actions of the workers in that period, I argue that the recognition of the right to strike was the combined result of several interrelated political developments at the local and global level.

The State of Development in Villages of India: An Analysis of the 2011 Census Data

2018 ◽  
Vol 12 (3) ◽  
pp. 305-325 ◽  
Author(s):  
Aalok Ranjan Chaurasia
Keyword(s):  
Present Article ◽  
Small Proportion ◽  
Census Data ◽  
The State ◽  
Programming Approach ◽  
Population Census ◽  
Development Index ◽  
Village People ◽  
Development Approach ◽  
The Village

The present article uses data available through the 2011 population census to analyze the state of development in the villages of India on the basis of a village development index that has been constructed for the purpose following the capabilities expansion as development approach. The analysis reveals that the state of development in the villages of the country varies widely and there is only a small proportion of the villages where the state of development can be termed as satisfactory. The analysis also reveals that the state of development in the village is influenced by its selected defining characteristics. The article calls for a village-based planning and programming approach for meeting the development and welfare needs of the village people.

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