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This article provides a comprehensive overview of the regulations on e-commerce protection rules in China and the European Union. It starts by giving a general overview of different approaches towards consumer protection in e-commerce. This article then scrutinizes the current legal system in...
Persistent link: https://www.econbiz.de/10013113472
This paper will describe the drafting history of the Principles of the Law of Software Contracts, with particular attention to the extent of consumer and public-interest group representation in the process. The drafting process, I will argue, did not take adequate stock of problems identified in...
Persistent link: https://www.econbiz.de/10013116386
Price comparison is a basic element of competition. For comparison to work, at least prices need to be transparent. Moreover, price is usually a focal point in consumer thinking and deciding on transactions. Hence, obfuscating prices can be detrimental to consumers. Therefore, it is vital for...
Persistent link: https://www.econbiz.de/10013122116
This article examines the differing legal treatment of pre-dispute consumer arbitration agreements in the European Union and the United States. Under the E.U. Directive on Unfair Terms in Consumer Contracts (particularly as implemented in the United Kingdom), most such agreements are invalid. In...
Persistent link: https://www.econbiz.de/10013122676
Consumers and users are daily involved in commercial practices and transactions that can end up not pacifically. We buy items and services, we travel, we use public services and vehicles and we enter into contracts with banks, insurance and financial services companies. The disputes arising from...
Persistent link: https://www.econbiz.de/10012891181
The present contribution analyses the CJEU cases 'Faber' and 'Duarte Hueros', taking into account the debate on ‘effectiveness' and ‘procedural autonomy'. The aim of this contribution is therefore to express some observations concerning the Consumer Sales Directive and practicable ways to...
Persistent link: https://www.econbiz.de/10012898967
Recently, EU Consumer law has undergone a ‘Fitness Check' (or REFIT). We thought that checking the fitness for purpose of a body of law would involve revisiting its purpose. This is why we expected to find in the rich REFIT documentation (over 4000 pages of studies and Commission documents) an...
Persistent link: https://www.econbiz.de/10012867688
Persistent link: https://www.econbiz.de/10012972845
This paper argues that the EU's notion of the “confident consumer” over-emphasises the significance of law, and harmonised law in particular, as an end in itself, without considering properly (i) all the various issues which affect consumer confidence, and (ii) whether the legal rules...
Persistent link: https://www.econbiz.de/10013012514
Behavioural economics is shedding much-needed new light on how consumer law and policy could be re-shaped to reflect more accurately the way consumers really behave, rather than how they ought to behave on the basis of the economic model of the rational consumer. This contribution considers what...
Persistent link: https://www.econbiz.de/10012855905