The Use of Unfair Contractual Terms as an Unfair Commercial Practice

2011 ◽  
Vol 7 (1) ◽  
Author(s):  
Salvatore Orlando
Keyword(s):  
Commercial Practice ◽  
Unfair Commercial Practice

Legal Importance of Codes of Ethics in Insurance

2019 ◽  
Vol 4 (101) ◽  
pp. 18-32
Author(s):  
Bartosz Kucharski
Keyword(s):  
Code Of Ethics ◽  
Self Regulation ◽  
Codes Of Ethics ◽  
Civil Code ◽  
Unfair Competition ◽  
Insurance Market ◽  
Due Diligence ◽  
Ethical Codes ◽  
Commercial Practice ◽  
Unfair Commercial Practice

According to the author, codes of ethics are of significant importance as an example of self-regulation of the insurance market despite the fact that they do not belong to the constitutional sources of law. Non-compliance with the code of ethics by an entrepreneur may constitute unfair commercial practice in relation with consumers or unfair competition practice in relation with other entrepreneurs. Moreover, codes of ethics may specify the contents of general clauses regulated by the Civil Code, thus influencing the contents of the contracts concluded and validity of clauses thereof as well as the unlawfulness as an element of tortious fault and the level of professional due diligence required to be released from liability for the non-performance of contracts. In the author’s opinion, the entry into force of the Insurance Distribution Act ought to encourage updating and concretisation of the existing ethical codes.

scholarly journals The Role of Consumers in the Achievement of Corporate Sustainability through the Reduction of Unfair Commercial Practices

2020 ◽  
Vol 12 (3) ◽  
pp. 1009
Author(s):  
Borko Mihajlović
Keyword(s):  
Negative Impact ◽  
Corporate Sustainability ◽  
Code Of Conduct ◽  
Consumer Law ◽  
Commercial Practice ◽  
Irresponsible Behavior ◽  
Marketing Activities ◽  
The Subject ◽  
Corporate Social ◽  
Unfair Commercial Practice

The subject of this article is a determination of the potential of the prohibition of unfair commercial practice, as an institution of consumer law, established to strengthen consumers’ protection, to contribute to the achievement of corporate sustainability. The main objective of the paper is the identification of situations in which certain companies’ actions may at the same time be considered as unsustainable and socially irresponsible behavior, as well as unfair commercial practice. There are three such characteristic situations that were the subject of thorough analysis in the paper: (1) company’s constantly invoking to the concepts of corporate sustainability and corporate social responsibility (CSR) in its marketing activities, which is essentially incorrect because the company in practice breaches some of the basic postulates of these concepts, (2) breach of company’s code of conduct which contains the principles of corporate sustainability and CSR, and which the company has undertaken to be bound, (3) conducting many concrete acts which represent unfair commercial practice, and simultaneously have negative impact on the corporate sustainability and CSR. From the analysis of these three situations arises the conclusion that there is a possibility for indirect legal sanctioning of the unsustainable and socially irresponsible behavior of companies through the application of the consumer law rules on the prohibition of unfair commercial practice.

A study on the personal data processing and the UCPD: Focused on Italy, Germany and the UK

2020 ◽  
pp. 1023263X2096149
Author(s):  
Maja Nisevic
Keyword(s):  
Big Data ◽  
Data Processing ◽  
Consumer Protection ◽  
Data Protection ◽  
Big Data Analytics ◽  
Personal Data ◽  
The European Union ◽  
Consumer Privacy ◽  
Commercial Practice ◽  
Unfair Commercial Practice

Manipulation with Big Data Analytics allows commercial exploitation of individuals based on unfair commercial practices. Consequently, the concepts of consumer protection are essential in the data-driven economy and a central issue for effective safety for individuals in the Big Data Age. Although the fields of consumer protection and data protection in the European Union (EU) have developed separately, there is an unambiguous relationship between them. While the GDPR plays a crucial role in an individual’s data protection in a case of personal data processing, Directive 2005/29/EC (UCPD) plays an essential role in regulating an individual’s protection from the unfair commercial practice when it comes to personal data processing. A vital aspect of the UCPD is the enforcement of issues related to consumer privacy. However, a much-debated question is whether the UCPD is fully effective or not when it comes to personal data processing. This paper examines case law examples on WhatsApp and Facebook in Italy, Germany and the United Kingdom. This paper also aims to come to a conclusion on the issue of the applicability of the rules on unfair commercial practice when it comes to data processing.

Structure and Solution Properties of High Molecular Weight Butadiene-Styrene Copolymers

1957 ◽  
Vol 30 (1) ◽  
pp. 315-325
Author(s):  
R. B. MacFarlane ◽  
L. A. McLeod
Keyword(s):  
Molecular Weight ◽  
High Molecular Weight ◽  
Complex Structure ◽  
Mixed Solvents ◽  
Solution Time ◽  
Solution Viscosity ◽  
Solution Properties ◽  
Molecular Weight Range ◽  
Viscosity Measurements ◽  
Commercial Practice

Abstract Production of high molecular weight copolymers of butadiene and styrene for use in oil-extended rubbers has aroused interest in the solution properties of copolymers above the molecular weight range commonly encountered in commercial practice. It has been observed that solubility of such polymers in toluene is a time-dependent phenomenon and the apparent solubility can increase continuously, in the absence of agitation, for as long as 800 hours. Although a standard Harris cage solubility test may show the presence of 50% gel, other properties do not confirm the presence of any appreciable quantities of insoluble material. Mild agitation rapidly promotes almost complete solubility. Dilute solution viscosity measurements are very misleading unless the influence of solution time is recognized and apparent intrinsic viscosities rise progressively with time of contact of the sample with solvent. This time-dependence of solution has been found to occur at conversions higher than 50% and is also a function of the amount of modifier used in the polymerization recipe. It has not been possible to shorten the solution time for viscosity measurements by mild heating or gentle agitation. Mixed solvents cause a change in the amount of increase of the apparent intrinsic viscosity but do not shorten the time to equilibrium. Measurement of the slope constant in the Huggins viscosity equation indicate that these solubility and viscosity effects coincide with the appearance of a marked degree of branching in the polymer molecules. The effect is, therefore, interpreted as being caused by the relatively slow disentanglement of molecules of complex structure.

Application of reproductive technology to the Australian livestock industries

1991 ◽  
Vol 3 (6) ◽  
pp. 627 ◽  
Author(s):  
G Evans
Keyword(s):  
Artificial Insemination ◽  
Management Practices ◽  
Significant Degree ◽  
Reproductive Technology ◽  
Commercial Application ◽  
Embryo Freezing ◽  
Commercial Practice ◽  
Breeding Programmes ◽  
The Impact

Current use of reproductive technology in the Australian livestock industries is limited, though it increased in line with higher prices for beef and wool through the 1980s. The required techniques, many of which were developed in Australia, are available and the level of expertise is comparable to the best in the world. However, the extensive pastoral industries do not readily lend themselves to these procedures. Only in the dairy industry is artificial insemination used to a significant degree. On the other hand, application of the technology in the pastoral industries is confined largely to studs and breeding cooperatives which provide breeding animals for producer flocks and herds. Hence the impact of applied technology may be more widespread than first appears. Until recently, little regard was paid to application of the technology along sound breeding principles. Artificial insemination and multiple ovulation and embryo transfer (MOET) have not been used so much in planned breeding programmes aimed at local improvement of stock, but more to proliferate genes of reputedly superior stock, imported either from overseas or elsewhere in Australia. This is particularly true of MOET, where the incentive to use it is commonly a short term cash gain made from proliferating breeding stock of a particularly valuable and usually novel strain or breed. Recent technological improvements which render the use of reproductive technology cheaper and more effective will lead to its more widespread use in commercial practice. Techniques for embryo freezing and splitting have been greatly simplified and quickly put into practice. The novel livestock technologies of in vitro oocyte maturation and fertilization have already found commercial application overseas. Fecundity-enhancing products have also been adopted by the livestock industries. There is potential value for greater use of reproductive technology in the livestock industries provided it is implemented according to sound breeding principles and provided associated management practices are applied simultaneously.

Sign in / Sign up

Export Citation Format

Share Document