New travel law and consumer protection under the Revision of German Civil Law in 2017

2018 ◽  
Vol 21 (2) ◽  
pp. 109-142
Author(s):  
Hyejin Song ◽  
2018 ◽  
Vol 4 (3) ◽  
pp. 383
Author(s):  
Azwir Agus

The realization of the principle of justice in proving the settlement of consumer disputes through arbitration in Indonesia is equally important. Undeniable, there is a weakness of the consumer protection law, both substantial norms and formal law. This article is normative legal research that refers to norms and legal principles in the legislation or court decisions. The results show that the proof is one of the trials that plays an important role. In general, the verification system is distinguished based on civil law and common law understandings influenced by various proof system theories such as the presumption of liability principle adopted in the Indonesian consumer protection law. The principle of justice in the consumer arbitration system is different from the arbitration verification system that is universally applicable in Indonesia. The ultimate goal of choosing consumer arbitration is to get substantial justice that is more dignified and not just obtaining formal justice. 


2019 ◽  
Vol 16 (1 (4)) ◽  
pp. 155-168
Author(s):  
Beata Wieczerzyńska

The article is an attempt at analyzing selected provisions of the Act on Counteracting Unfair Use of Contractual Advantage in Agricultural and F ood Products turning to whether there is public interest in the need of public authority interrogation in contractual relationships (Civil Law) in B2B relations in the food and agricultural market and whether this material basis for this interference has been properly defined. “Public interest” as an objective of counteracting practices that unfairly uses the contractual advantage of suppliers or buyers, should be considered on the axiological basis of the Act on competition and consumer protection, in the context of ensuring consumer welfare and thus food security of the country. The material prerequisites of the President of UOKiK’s [Office for the Protection of Competition and Consumers] conduct in cases of abuse of a contractual advantage were burdened with a large degree of indeterminacy, entrusting to the authority their clarification with prejudice to the principle of predictability of state bodies’ activities.


Author(s):  
Clair Valverde Pereira

Resumo: Este artigo aborda a controvérsia da aplicação do Código de Defesa do Consumidor às relações jurídicas contratuais no âmbito do mercado de derivativos, tendo em vista os tipos de operações efetuadas, o hedge (proteção), a arbitragem e a especulação. A princípio poder-se-ia pensar que são todos contratos empresariais, em que se busca o lucro, mas através do estudo, usando a título de exemplo o contrato de swap, típico para operações de hedge, chega-se à conclusão que estas operações podem se enquadrar na relação de consumo. Essa conclusão decorre, levando-se em conta uma pessoa jurídica que busca uma instituição financeira para realizar um contrato swap, da adequação ao conceito de consumidor, bem como de produto e serviço prestado, qual sejam, respectivamente, a proteção e o conhecimento técnico e estrutura de gerenciamento de risco que a instituição possui, o que quase sempre leva à uma hipossuficiência técnica do contratante. Assim, a relação de consumo é aceitável e de possível aplicação no mercado de derivativos, mas somente nas operações de hedge, em que se busca um produto, a proteção, e o serviço, o conhecimento técnico da instituição. Portanto, colocam-se em xeque os argumentos de que o direito fundamental da proteção ao consumidor, através do Código, não se estenderiam ao âmbito do mercado de derivativos, fazendo incidir apenas as normas do Direito Civil.Abstract: This paper discusses the application of the controversy of the Consumer Protection Code to contractual legal relationships in the derivatives market, in view of the types of operations performed, the hedge (protection), arbitrage and speculation. At first it may be thought that are all business contracts, which seeks to profit, but through study, using as an example the swap agreement, typical for hedge transactions, one comes to the conclusion that these operations they may fall in consumption ratio. This conclusion follows, taking into account a legal person seeking a financial institution to hold a swap contract, the adequacy consumer concept and product and service, which are, respectively, the protection and the technical knowledge and risk management framework that the institution has, which almost always leads to a contracting technique vulnerability. Thus, the consumption ratio is acceptable and possible application in the derivatives market, but only in hedging transactions, which seeks a product, protection, and the service, the expertise of the institution. So put yourself in check the argument that the fundamental right of consumer protection, through the Code, does not extend the scope of the derivatives market, making only focus the rules of civil law.


Prawo ◽  
2017 ◽  
Vol 323 ◽  
pp. 289-297
Author(s):  
Jakub Mrożek

Peculiarities of hybrid proceedings in the regulation of competition and consumer protection This article describes the issue of replacing administrative regulations with civil law regulations.  This is amulti-faceted problem, so the paper will focus on the example of the so-called hybrid proceedings, pending before the President of the Office of Competition and Consumer Protection. In the article, a brief comparison of the hybrid proceedings approach to classical administrative proceedings was initially conducted, pointing out that there was considerable uncertainty about compliance with the Constitutional division of power. The analysis of the proceedings before the President of the OCCP was presented, because of its links with the Constitution, indicating the disfunctionality of that autho­rity at the time of the appeal. In the final section, research proposals and proposed changes were intro­duced, which consisted entirely of abandoning the hybrid model to the classic administrative model.


Author(s):  
Beata Agnieszka MADEJ

Aim: The research effort in the aspect of a model of a court control of a decision issued by the President of the Office for Competition and Consumer Protection is predominantly supported by significance and importance of applicable legal solutions in practice. The research was aimed at evaluating the model of court control of decisions of the OCCP President. Design / Research methods: Due to the scope of the research covered by the author, the core research methods is the dogmatic method. Because of the theoretical and legal nature of the considerations, the main method used in the research was the method of analytical and dogmatic legal research method. Conclusions / findings: The research shows that it is a complex process to assess the effectiveness of the model for court control of the OCCP President's decisions which is used, in particular in terms of ensuring full and effective guarantee and protection of entrepreneurs' rights. One should agree that the arguments raised by both proponents and antagonists of transformation of the applicable legal solutions seem justified.  Observations from two systems: the model of a control exerted by common court and administrative courts in the context discussed in the paper leads representatives of case law to formulating justified demands for changing the existing model.   Originality / value of the article: The unique nature of competition and consumer law cases is expressed in the hybrid nature of the proceedings run before the OCCP President and, later on, before common courts.  The legislator determined the particular procedure for verifying the governance forms of the impact of the President, which is particularly justified by the nature of competition and consumer protection cases and classifying them formally to civil law cases. Proceedings before the competition and consumer protection court is the first instance proceedings with the purpose of recognising the technical aspects of the case in the light of the civil law provisions. The deliberations presented in the paper clearly lead to the conclusion that submission of the decisions made in competition protection cases to the control of common court is decisive for its scope and applied criteria and, except for legality, criteria such as usefulness, applicability or efficient management are also applied by court. Implications of the research: The deliberations presented in the paper may contribute to initiate works on the transformation of the model for controlling decisions of Polish competition bodies by court.


Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 235
Author(s):  
Stefan Koos

The Article describes the impact of artificial intelligence in different areas of the civil law, namely tort law, contract law, antitrust law and consumer protection law. It shows that the use of artificial intelligence already leads to legal constellations, which cannot longer easily subsumized under elementary terms of the civil law and therefore cause a real disruption in the civil law. Terms, which are based on a freedom concept of the subjective rights of the actors, such as private autonomy and contractual will not fit anymore to the activity of artificial intelligence systems the more those systems are able to act independant of human actors. Similar applies to terms which are referring to the freedom of decision like the market behaviour in the competition law. The article discusses several solution approaches, such as personification approches, agent-principal approaches and the definition of new categories of market and contractual acting. In the consumer protection the special focus in the future legal development will be on the problem how to achieve adequate, though not overflowing, transparency for consumers, especially regarding the combination of big data and algorithms.


2021 ◽  
Vol 1 (2) ◽  
pp. 63
Author(s):  
Sarah Selfina Kuahaty ◽  
Teng Berlianty ◽  
Theresia Louize Pesulima ◽  
Agustina Balik ◽  
Maichel Lesnussa

Introduction: Lack of public understanding of civil rights owned, bringing its legal problems for the community. This is the basis of consideration of the Civil Law Section of the Faculty of Law, Pattimura University to conduct community service activities as a form of implementation of the Tri Dharma of universities, one of the legal topics presented is related to consumer protection issues.Purposes of Devotion: Providing an understanding of consumer protection law of the community, especially the community in 3 (three) villages in Teon Nila Serua sub-district, namely Layeni village, Wotay village, and Lesluru village. Method of Devotion: Method of Dedication is using legal counselling to the community in 3 (three) villages in Teon Nila Serua district of central Maluku Regency.Results of the Devotion: In the implementation of these activities, it is known that many consumer problems such as buying goods that have been offered, goods that have defects, or sometimes goods that have been damaged, such as rice or sugar but purchased because they are deceived by low prices, which turns out to be detrimental to society. As consumers, the public does not know that they can raise objections and demand their rights back. Providing legal education, especially consumer protection, can make society an intelligent consumer.


2021 ◽  
Vol 144 (5) ◽  
pp. 110-115
Author(s):  
Sergej I. Lutsenko ◽  
◽  

The author considers the initiative from the Ministry of Finance of the Russian Federation about restriction of payments with cash from citizens. The argument of imposition of restrictions from the Ministry of Finance is stimulation of non-cash payments and also the method of fight against doubtful transactions. The similar initiative is contrary to peremptory rules of the Constitution of the Russian Federation, the civil law of the Russian Federation, also to the consumer protection law.


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Arsyilla Destriana ◽  
Ali Hanafiah

This research aims to know and explain the validity of the lease agreement on the Virtual office because the agreement has violated article 18 of the Republic of Indonesia Law number 1999 about consumer protection because it contains the raw clause and the responsibility of Virtual office to the consumer who performs the act against the law. The type of research used is empirical research on Empiris. Using case studies in the form of legal behavior products. The subject matter is the implementation or implementation of positive legal provisions and contracts factually on any particular legal event that occurs in the community in order to reach the objectives that are determined. The results of this thesis show that the agreement in the Virtual office is equal to the provisions stipulated in article 1320 of the civil law, which must be fulfilled subjective and objective terms. The accountability of Virtual office business entities to consumers who do against the law is to provide all data and information about the customer who performs the act against the law with the record of the party Virtual office has no fault and can prove that he is innocent.


2019 ◽  
Vol 2 (2) ◽  
pp. 96
Author(s):  
Avina Permatasari ◽  
Susanti Adi Nugroho

In Indonesia, where one of the effects of globalization is high population growth rate, it proportionally correlates with housing development in major cities and its surrounding. House plays a mojor role in family development, a place to live safely and as a safe harbor for families where, the construction of the houses is usually done by the developer, especially in suburban areas. Both the developer and consumer have their own respective rights and obligation that has to be fulfilled as regulated by Consumer Protection Law Number 8 of 1999. The author raises the issue from the verdict of the Supreme Court No 930 regarding Special Civil Law of 2016 where the developer did not fulfill its obligation of finishing the construction on time and as a result, the consumer suing for her compensation right. The paper will address what legal protection method can a consumer get in order to fulfil their late compensation fees which included in Consumer Protection Law Number 8 of 1999? How the judge’s verdict of Supreme Court No 930 regarding Special Civil Law of 2016 impacting the case of the consumer versus the developer?


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