scholarly journals The Place of Contract for Digital Thing in Latvian Contract Law Within the Context of the Consumer Sale Directives 2019

2021 ◽  
Vol 14 ◽  
pp. 68-79
Author(s):  
Jānis Kārkliņš ◽  
◽  
Vadim Mantrov
Keyword(s):  
Contract Law ◽  
Point Of View ◽  
Digital Content ◽  
Proper Place ◽  
Digital Service ◽  
Rights Protection ◽  
Consumer Rights ◽  
General Contract Law ◽  
The One

The article aims to explore the place of contract for digital thing (i.e., a good with digital elements; digital content; and digital service) from the point of view of Latvian contract law considering the recently adopted Consumer Sale Directives 2019 (Directives 2019/770 and 2019/771). The topicality of the article’s theme is rooted in transposition of these directives into Latvian national law. On the one hand, it is necessary to find a proper place for classification of contract for a digital good considering approaches and contents of Latvian contract law for the appropriate understanding of this contract within Latvian contract law and, speaking broadly, Latvian civil law. On the other, the transposition of these directives would mean that digital goods for nonconsumers will remain without explicit regulation because these directives are intended to be transposed into consumer rights protection law being as lex specialis without introducing any amendments into general contract law. At the beginning, the present article provides an overview of the place of contract for a digital thing before transposition of the Consumer Sale Directives 2019 into Latvian consumer rights protection law, i.e., in the current regulation of Latvian contract law. The article continues with analysis of the expected place of contract for a digital thing after the currently intended transposition of these directives. Afterwards the article addresses the consequences of that transposition. The article concludes with summary following the discussion contained therein.

scholarly journals Digitālā satura vai digitālā pakalpojuma atbilstības līgumam izpratne patērētāja digitālā pirkuma direktīvā (Direktīvā 2019/770)

2021 ◽  
pp. 28-39
Author(s):  
Vadims Mantrovs ◽  
Keyword(s):  
Present Article ◽  
Digital Content ◽  
Digital Service ◽  
Rights Protection ◽  
General Overview ◽  
Consumer Rights ◽  
Legislative Proposals

The present article deals with conformity of a digital content or a digital service with the contract within the recently adopted Consumer Digital Sale Directive (Directive 2019/770) by discussing this issue within the transposition procedure of that directive in Latvia. At the beginning, the article provides a general overview of regulation for conformity with the contract within the framework of the Consumer Digital Sale Directive regarding a digital content or a digital service by discussing main features of this regulation. Furthermore, the article examines subjective and objective grounds for conformity of a digital content or a digital service with the contract in conjuncture with the draft act for transposition of this directive into the Latvian Consumer Rights Protection Act. By establishing incompliances between the directive and the draft act, the article goes on by suggesting legislative proposals for the Latvian legislator to bring the draft act in line with the directive. The article finishes with the conclusion by summarising the discussion reflected in the article and emphasising the legislative proposals for elimination discrepancy between the Consumer Digital Sale Directive and the draft act concerning the regulation of conformity of a digital content or a digital service with the contract.

scholarly journals Graffiti as a sign: the semiotic approach to the study of the phenomenon

2019 ◽  
Vol 9 (18) ◽  
pp. 92-98
Author(s):  
Maria Chikarkova ◽  
Keyword(s):  
Cultural Context ◽  
Single Point ◽  
Point Of View ◽  
Urban Life ◽  
Street Art ◽  
The Media ◽  
Cultural Code ◽  
The One ◽  
Different Characteristics

Although graffiti is a well-known phenomenon of street art, there is still no single point of view on this phenomenon (even if it is considered art at all). Both the essence and the manifestations of graffiti remain a matter of debate - there are dozens of different classifications, that they are based on different characteristics. However, the phenomenon has rarely attracted attention from the point of view of semiotics, though it is the semiotic reading of graffiti that makes it possible to understand its nature more deeply. Due to semiotics we could create an integrative classification, which would combine stylistics and subject matter into one system. The article made exactly such an attempt –providing of the semiotic classification of graffiti, based on Ch. Peirce’s classification of semiotic signs. Graffiti is a sign, because it has a material shell of the latter, a marked object and rules of interpretation. It functions within the subculture and signifies the individual's desire to escape from the deterministic nature of urban life (J. Baudrillard). It is a culture of the semiosphere, which continuously gives rise to new connotations and, accordingly, generates new receptions. An important component of graffiti interpretation is the cultural code; it is not read outside the field of conventionality, cultural context. Decoding of graffiti can occur in three ways. From our point of view, it is appropriate to use S. Hall’sclassification. He suggested a scheme for "decrypting" messages in the media, however, in our opinion, his scheme works for any communicative act (including graffiti). He distinguished dominant ("dominant-hegemonic"), oppositional ("oppositional") and negotiated ("negotiated") decoding. In the graffiti situation, oppositional decoding prevails among ordinary recipients (passers-by). U. Eco called this type aberrant, because it provides "decryption" of text with a different code than the one it was created for. Authors of graffiti themselves are often not fully aware of what they createalso. Modern writers use techniques of op-art, Dadaism, surrealism, etc., without being very oriented in all these directions. When graffiti combines different types of art (for example, the combination of painting with literature), it takes into account the features of inter-semiotic translation, which makes the decoding situation even more complicated. We offercreating a semioticclassificationofgraffiti, that might be based on Ch. Peirce’s classification of semiotic signs, whichdistinguishthesigns-copies, signs-indexes, signs-symbols. It could help the essence of graffiti and decode them.

scholarly journals Digital Technology as a Challenge to European Contract Law

2017 ◽  
Vol 13 (3) ◽  
Author(s):  
Stefan Grundmann ◽  
Philipp Hacker
Keyword(s):  
Digital Technology ◽  
Big Data Analytics ◽  
Contract Law ◽  
Regulatory Framework ◽  
The Other ◽  
Digital Content ◽  
European Contract ◽  
Digital Platforms ◽  
Digital Objects ◽  
The One

AbstractOffering an overview of the interactions between digital technologies and contract law, we identify three pillars in this architecture: the regulatory framework; digital interventions over the life cycle of the contract; and digital objects of contracting. The regulatory framework, which itself may draw on digital technology to effectively pursue its ends, shapes, and is shaped by, the other two pillars. More specifically, on the one hand, we show how four key technologies – digital platforms, Big Data analytics, artificial intelligence, and blockchain – are being used at different stages of the contractual process (from the screening for contractual partners to formation, enforcement and interpretation) and engender novel market dynamics that, in many instances, necessitate regulatory responses. On the other hand, digitally facilitated contracting increasingly relates to digital content as the object of the contract; however, while this area has notably been the subject of the proposed Directive on Contracts for the Supply of Digital Content and thus has received some first ‘European structure’, we argue that a number of important blind spots remain that fail to be addressed by the directive. All in all, the use of digital technology in contracting will likely reinforce an adaptive, relational view and practice of contracting. This increased fluidity engenders a vast potential for preference-conforming, time-sensitive contracts; however, to the extent that it also mirrors novel asymmetries of information and power, the ordering mechanisms of the law may simultaneously be more needed than ever.

scholarly journals APPLICATION OF A RISK-ORIENTED MODEL FOR THE REDISTRIBUTION OF STAFFING RESOURCES OF THE OFFICE OF SERVICE FOR SUPERVISION OF CONSUMER RIGHTS PROTECTION AND HUMAN WELFARE IN THE CITY OF MOSCOW

2018 ◽  
Vol 97 (5) ◽  
pp. 441-444
Author(s):  
Elena E. Andreeva
Keyword(s):  
Public Health ◽  
Human Resources ◽  
Potential Risk ◽  
Human Welfare ◽  
Rights Protection ◽  
Consumer Rights ◽  
The City ◽  
Oriented Approach

The article shows the classification of the supervised objects of the Office of Service for Supervision of Consumer Rights Protection and Human Welfare in the city of Moscow depending on the index of the potential risk for harm to public health in the conditions of the application of the risk-oriented approach. There is considered the possibility of the control and surveillance activities with the redistribution of human resources of the Office of Service for Supervision of Consumer Rights Protection and Human Welfare in the city of Moscow with respect to supervised objects 1 and 2 classes of the potential risk for harm to the health of the population on the risk-oriented approach.

Sustainability Clauses in an unsustainable Contract Law?

2020 ◽  
Vol 16 (1) ◽  
pp. 186-205
Author(s):  
Vibe Ulfbeck ◽  
Ole Hansen
Keyword(s):  
Global Value Chains ◽  
Contract Law ◽  
The Other ◽  
Value Chains ◽  
Other Hand ◽  
General Contract Law ◽  
The One ◽  
Areas Of Interest

AbstractCompanies in global value chains respond to the general sustainability agenda in society by inserting sustainability clauses into their contracts and it has been argued that there is a need to develop general contract law (default contract law rules) in order for it to be able to respond to this sustainability agenda. This article firstly examines the basis for this view and three specific areas of interest in this regard. Secondly, it draws attention to the internal tensions that will be created in the chain by on the one hand pursuing sustainability goals, external to the interests of the contracting parties, and on the other hand a consequential need to protect the supplier as the weaker party in the chain.

Traitement du Cas Génitif dans Une Classification des Phrases à Compléments Figés du Grec Moderne

1993 ◽  
Vol 17 (2) ◽  
pp. 259-279 ◽  
Author(s):  
Aggeliki Fotopoulou
Keyword(s):  
Point Of View ◽  
Prepositional Phrase ◽  
First Case ◽  
Base Form ◽  
Equivalent Structure ◽  
Syntactic Status ◽  
Set Up ◽  
The One ◽  
Genitive Case

In this article we have stressed the treatment of the genitive case for a syntactic classification of sentences containing frozen complements: the genitive presents a problem to the extent that several syntactic functions can be assigned to it. Thus, on the one hand we examine sentences whose complement in the genitive is frozen and, on the other hand, we examine frozen sentences whose genitive complement is free. In the first case, we use three tests to determine the syntactic status of the genitive in question: (i) the alternation of the genitive complement with a prepositional phrase; (ii) a comparison with free sentences having an equivalent structure; (iii) the paraphrase of the genitive complement by an adverbial, which is frequently prepositional. In the second case, when the base form is N0 V C (accus) N (gén), we have made use of such properties as the following: (i) the pronominalisation in the form of a Ppv, (ii) the pronominalisation in the form of a Poss, (iii) the alternation of the genitive with a prepositional phrase (à N (accus)), which brings out distinct structures quite clearly. In this way, taking syntactic criteria into account for the analysis of (free or frozen) genitive forms allows us to set up classes that are more homogeneous from the point of view of their syntax. We have also been able to observe that cases, as morphological markers, play no essential role in the criteria that constitute the basis of our classification.

scholarly journals Модели экономического влияния рекламы: три уровня эффектов

2020 ◽  
pp. 45-66
Author(s):  
Сергей Вартанов
Keyword(s):  
Point Of View ◽  
Economic Effects ◽  
Secondary Effects ◽  
Comprehensive Description ◽  
Welfare Change ◽  
The One ◽  
Intersectoral Linkages ◽  
Different Characteristics ◽  
Different Levels

Настоящая работа представляет собой первую, вводную часть цикла статей, посвященных обзору существующих моделей, методов и взглядов на эффекты воздействия экономического института рекламы на рынок на всех возможных уровнях. В первой части цикла приводится общий обзор наиболее значимых подходов к изучению рекламной деятельности фирм, влияния рекламы на потребителей и на характеристики экономического равновесия. Построена классификация экономических эффектов рекламы, учитывающая все существующие аспекты ее воздействия и кратко описаны подходы к анализу ее первичных, вторичных и третичных эффектов. The present work is an introduction to a cycle of review articles dedicated to a comprehensive description and analysis of effects caused by advertising as an economic institution on the whole economy on different levels. A general review of most significant approaches to analyze the firms advertising activities is carried out as well as a diversified overview of methods and mathematical apparatus of modelling advertisement influence on consumers and on the characteristics of economic equilibrium. A classification of such influence effects is constructed, based on different characteristics of advertising, including its content, duration, intensity, as well as types of firms’ ad strategies and the level of economy affected by ad influence. From the latter point of view the economic effects of advertising may be divided into three levels. Primary effects involve only the consumers and describe the shift in their demand inspired by advertisement. The emergence of primary effects gives a new tool to operate the demand for the producing firms. For the latter it means that they may develop an optimal strategy, different from the one that fits the “non-ad” case, and this difference forms the essence of the secondary tier of the economic effects of the advertising (secondary effects). Finally, the tertiary effects of advertising deal with the shift in general market characteristics and structure induced by the existence of advertising as an institution such as social welfare change or emergence of new equilibriums or advertising markets as well as advertising-driven intersectoral linkages between production and media industries.

scholarly journals Cloud Computing Contracts as Contracts for the Supply of Digital Content: Classification and Information Duty

2019 ◽  
Vol 13 (2) ◽  
pp. 133-160
Author(s):  
Krzysztof Żok
Keyword(s):  
Cloud Computing ◽  
Consumer Protection ◽  
Empirical Studies ◽  
Point Of View ◽  
Digital Content ◽  
European Law ◽  
The European Union ◽  
Consumer Rights ◽  
Content Classification ◽  
New Type

Cloud computing contracts are among the most frequently concluded contracts over the Internet. Until now, however, they have been considered mainly from the perspective of data protection and intellectual property laws. Although these analyses provide valuable insights, they do not fully cover an important area, i.e. consumer protection. The article focuses on the latter issue, taking Consumer Rights Directive as a reference point. The Directive is one of the latest acts concerning consumer protection in the European Union. It also introduces a new type of agreement that should cover cloud computing contracts. In addition, characteristically for European law, it provides for an information duty as a means of consumer protection. The article examines these two aspects by seeking an answer to the following questions: (1) do cloud computing contracts classify as contracts for the supply of digital content? And (2) do the provisions on information duty suit well cloud computing contracts? The analysis includes the results of empirical studies of these contracts. In the conclusion, the article states that the new type of contract may not significantly improve consumer protection, mainly due to the ambiguity resulting from recital 19 of the Directive. On the other hand, consumers may benefit from the provisions on information duty, though it does not directly address the main problems connected with cloud computing contracts.The article is divided into four parts. The first provides an introduction to the topic. The second discusses cloud computing contracts as contracts for the supply of digital content. The third analyses the provisions on information duty from the point of view of the contracts under consideration. Finally, the fourth summarises previous comments.

scholarly journals Criteria of Extremist Speech Acts: Forensic Linguistic Diagnostic Complexes

2021 ◽  
Vol 30 (2) ◽  
pp. 3394-3408
Author(s):  
Nikishin Vladimir Dmitrievich
Keyword(s):  
Law Enforcement ◽  
Speech Acts ◽  
Practice Research ◽  
Law Enforcement Agencies ◽  
Component Structure ◽  
Rights Protection ◽  
Forensic Practice ◽  
The One ◽  
The Right

The article examines the challenges in detecting features of verbal extremism by analysing forensic practice, research papers on forensic linguistics and anti-extremist law, manuals developed by Russian law enforcement agencies and scientific and educational organizations. The article suggests a new approach to the methodological support of forensic linguistic examination of extremist discourse. This approach is based on the concept of a three-component structure of ‘extremist’ utterances. The author justifies the proposed classification of extremist speech acts and describes forensic diagnostic complexes corresponding to these speech acts. These complexes can serve as the reference samples for both linguistic experts (who conduct forensic examination) and the law enforcement officers (who conduct forensic diagnostics). The use of standardized forensic diagnostic complexes of extremist speech acts which serve as a tool for classification of illegal verbal behaviour allows to maintain the balance between the right to freedom of speech and pluralism of opinions, on the one hand, and protection against abuse of these rights (protection of media security), on the other hand.

scholarly journals Are users’ ratings on Tripadvisor similar to hotel categories in Europe?

2018 ◽  
pp. 305-316 ◽  
Author(s):  
Eva Martin-Fuentes ◽  
Carles Mateu ◽  
César Fernández
Keyword(s):  
Quality Of Service ◽  
Customer Satisfaction ◽  
Classification System ◽  
Point Of View ◽  
European Countries ◽  
The One ◽  
User Ratings ◽  
One Way Anova

European countries do not have the same hotel classification system. Therefore, the criteria and requirements used to assign star ratings to hotels do not concur among the different countries. There have been some criticisms about the way hotel stars are assigned, because the requirements do not necessarily match the quality of service offered. Technical criteria such as infrastructure and room dimensions are taken into account, but users do not perceive them although these have nothing to do with the satisfaction. This study aims to determine whether the hotel category of about 80,000 hotels in 9 different European countries on TripAdvisor is related to customer satisfaction, measured from the point of view of the user ratings on this site. The one-way ANOVA test shows that there are significant differences between the average ratings of the hotel category, except in the classification of 1-star and 2-star hotels from most countries analysed that behave similarly, and 1-star and 3-star hotels from Austria, Greece, Portugal, Spain and UK that are ranked similarly.

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