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Journal articles on the topic 'Jurisdictional protection of consumer'

Author: Grafiati

Published: 4 June 2021

Last updated: 11 February 2022

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1

Efimov, А. V. "Judicial Protection of the Rights of Consumers of Financial Services." Rossijskoe pravosudie 5 (May 25, 2021): 89–95. http://dx.doi.org/10.37399/issn2072-909x.2021.5.89-95.

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. The institution of a financial ombudsman significantly affects the procedure for protecting the rights of consumers of financial services. The problem is that the protection of consumer rights in the courts is complicated by the factual double mandatory pre-trial procedure for resolving a dispute, in which, before going to court, the consumer is obliged to contact a financial organizationand a financial ombudsman. The purpose of this article is to formulate a theoretical approach to the balance between consumer access to justice and the burden on the judicial system. Research objectives: cha

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Rongiyati, Sulasi. "Pelindungan Konsumen dalam Transaksi Dagang Melalui Sistem Elektronik (Consumer Protection in E-Commerce)." Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan 10, no. 1 (2019): 1–25. http://dx.doi.org/10.22212/jnh.v10i1.1223.

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E-commerce in Indonesia is continuing to grow. As a transactions with a special characteristic which involves parties across many jurisdictions without having to be physically present, a form of legal protection is highly required for the consumers. Through the normative juridical research method, this paper examines consumer protection in trade transaction through electronic system (E-Commerce) and its dispute resolution. The result of the research show that the consumer protection cannot be maximally implemented because regulating it is still distributed in several laws and requesting implem

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3

Zakaria, Zalina, Nadiatul Husna Mohd Amin, and Mohd Zaidi Daud. "Kaedah Penyelesaian Pertikaian di Tribunal Tuntutan Pengguna Malaysia: Satu Kajian Lapangan." Kanun: Jurnal Undang-undang Malaysia 33, no. 1 (2021): 159–84. http://dx.doi.org/10.37052/kanun.33(1)no7.

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The Malaysian government has enforced numerous consumer protection policies as a measure to provide consumers with the best consumer protection. This includes the establishment of the Tribunal for Consumer Claims Malaysia (TTPM), which was established under the Consumer Protection Act 1999. The aim was to ensure consumers receive the best protection of their rights. However, numerous issues have been highlighted, such as the TTPM’s limited jurisdiction followed by inadequate understanding of consumers concerning the role and function of TTPM as a platform for remedial claims. Aiming to address

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Masruroh, Ainul. "PERLINDUNGAN HUKUM BAGI KONSUMEN DALAM JUAL BELI SECARA ONLINE MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN." HUMANIS: Jurnal Ilmu-Ilmu Sosial dan Humaniora 11, no. 1 (2019): 53–60. http://dx.doi.org/10.52166/humanis.v11i1.1423.

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The purpose of this study is to explain and understand the regulation of online trading in Indonesia and to juridically analyze how legal protection for consumers in buying and selling online in accordance with Law Number 8 of 1999 concerning Consumer Protection. The method used in this thesis is a type of normative juridical research. The approach to the problem used is the legal approach (sculpture approach) and the conceptual approach (conceptual approach). This thesis uses three types of legal material sources, namely primary legal material, secondary legal material and tertiary legal mate

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Mikheeva, Irina V., and Elizaveta A. Dolkova. "BEHAVIOURAL SUPERVISION OF THE BANK OF RUSSIA IN PROTECTION OF FINANCIAL SERVICES CONSUMERS' RIGHTS." RUDN Journal of Law 24, no. 2 (2020): 314–34. http://dx.doi.org/10.22363/2313-2337-2020-24-2-314-334.

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The article is devoted to a new type of supervision of financial market participants - behavioral supervision of the Bank of Russia. Behavioral approach to the protection of financial services consumers rights is treated in the zone of action of the administrative-legal regulation mechanism. The authors point to the public nature of the subject composition of its implementation (the Bank of Russia and the executive authorities); the possibility of using the judicial (consideration of citizens' appeals) and (as a result) jurisdictional (bringing the violators of the financial services consumers

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Kulshrestha, Sony. "The Law Related to Consumer Protection in India: Issues and Redressal Mechanism." IRA-International Journal of Management & Social Sciences (ISSN 2455-2267) 13, no. 2 (2018): 65. http://dx.doi.org/10.21013/jmss.v13.n2.p4.

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<p>Who is a consumer, always creates a new debate? A person who avails/consumes the services in exchange of the consideration is a consumer according to the given definition of consumer under Consumer Protection Act, 1986. This definition never includes any commercial activities or any re-sale or without fee transaction. We on daily basis face various MRP related issues, poor quality of products, adulteration, no bill issues and many more. Some of us raise a voice against these unfair practices but number of us always keep silence and take everything so easy. The reason behind this may b

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Ismail, Rahmah, Wan Amir Azlan Wan Haniff, Suzanna Mohamed Isa, Rozlinda Mohamed Fadzil, Syed Sagoff AlSagoff, and Kartini Aboo Talib Khalid. "The Approach to Safety of Children’s Toys in United States and European Union: A Comparative Study." Academic Journal of Interdisciplinary Studies 9, no. 1 (2020): 126. http://dx.doi.org/10.36941/ajis-2020-0011.

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Following the ‘Year of Recall’ in 2007 which saw greatest number of children’s toys product recalls from United States of America (US) and European Union (EU) markets, both regions instituted new legislations governing children’s products: the US Consumer Product Safety Improvement Act of 2008 (CPSIA 2008) and EU 2009 Toy Safety Directive. This article analyses the approaches to safety of toys adopted in US and EU in light of the potential for cross-jurisdictional use of the framework. This qualitative research utilizes secondary data gained from scientific database analysis and library resear

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Palanissamy, Ayyappan, and Kesava Moorthy. "Consumer Dispute Resolution in Cyberspace - Trends and Developments." International Conference on Advances in Business, Management and Law (ICABML) 2, no. 1 (2019): 120–27. http://dx.doi.org/10.30585/icabml-cp.v2i1.253.

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Developments and advancements in the ICT environment has led to high increase in electronic commerce. Cyber contractual disputes also emerge rapidly and this challenge the traditional consumer protection systems in terms of redressal and remedies. To protect consumers rights and interests, ADR mechanisms can be used which can overcome the difficulties confronted in the traditional litigation process. Dispute resolution in internet contracts can take place online either entirely or partly. There are various mechanisms available to resolve disputes which can protect disputants’ interests and rig

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9

Kanwit, Stephanie. "The Purchase of Insurance across State Lines in the Individual Market." Journal of Law, Medicine & Ethics 37, S2 (2009): 150–64. http://dx.doi.org/10.1111/j.1748-720x.2009.00425.x.

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This paper analyzes the legal issues associated with the leading and much-debated proposals that aim to revitalize state regulatory competition and allow individuals to purchase insurance across state lines (PASL). These proposals seek to reverse decades-old principles of state preeminence in the regulation of individual health insurance and instead create “jurisdictional competition” in the individual market by allowing an insurer to choose the state under whose law it wishes to be regulated, subject to certain consumer protections. Advocates say this type of jurisdictional competition would

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Van Loo, Rory. "Digital Market Perfection." Michigan Law Review, no. 117.5 (2019): 815. http://dx.doi.org/10.36644/mlr.117.5.digital.

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Google’s, Apple’s, and other companies’ automated assistants are increasingly serving as personal shoppers. These digital intermediaries will save us time by purchasing grocery items, transferring bank accounts, and subscribing to cable. The literature has only begun to hint at the paradigm shift needed to navigate the legal risks and rewards of this coming era of automated commerce. This Article begins to fill that gap by surveying legal battles related to contract exit, data access, and deception that will determine the extent to which automated assistants are able to help consumers to searc

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Serpell, Andrew J. "Protecting the Desperate: The Regulation of Payday Lending." Federal Law Review 43, no. 1 (2015): 147–76. http://dx.doi.org/10.22145/flr.43.1.6.

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Payday loans are small-amount, short-term, unsecured, high-cost credit contracts provided by non-mainstream credit providers. Payday loans are usually taken out to help the consumer pay for essential items, such as food, rent, electricity, petrol, broken-down appliances or car registration or repairs. These consumers take out payday loans because they cannot — or believe that they cannot — obtain a loan from a mainstream credit provider such as a bank. In recent years there has been a protracted debate in Australia — and in several overseas jurisdictions — about how to regulate the industry. R

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12

Van Heerden, Corlia Maritha, and Reinhard N/a Steennot. "Pre-agreement assessment as a responsible lending tool in South Africa, the EU and Belgium: Part 2." Potchefstroom Electronic Law Journal 21 (April 18, 2018): 1–38. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2954.

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Responsible lending has become a very pertinent issue on the agenda of credit regulators across the globe who seek to combat the causes of consumer over-indebtedness. In this context the use of "pre-agreement assessment" as a tool to filter out those instances where, based on a consumer's creditworthiness or ability to repay, credit should not be granted to such a consumer, is a feature common to the lending regimes of various jurisdictions. This contribution consists of two parts: Part 1 provides a critical discussion of the reckless credit provisions of the National Credit Act 34 of 2005. Pa

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13

Ramsay, I., and T. Williams. "Peering Forward, 10 Years After: International Policy and Consumer Credit Regulation." Journal of Consumer Policy 43, no. 1 (2019): 209–26. http://dx.doi.org/10.1007/s10603-019-09436-x.

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AbstractA key change since the financial crisis of 2008 is the internationalization of interest in consumer finance. International institutions monitor household credit because of its impact on financial stability and market expansion. Macroprudential concerns drove this interest, resulting in a sea change in approaches to consumer credit regulation in many jurisdictions. This article critically analyses the emerging international policy paradigm, contrasting pre-and post-crisis regulatory approaches and highlighting continuing tensions about key policy choices. It then uses two recent sites o

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MacGregor Pelikánová, Radka. "Harmonization of the protection against misleading commercial practices: ongoing divergences in Central European countries." Oeconomia Copernicana 10, no. 2 (2019): 239–52. http://dx.doi.org/10.24136/oc.2019.012.

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Research background: Modern European integration focuses on competition in the internal single market, embracing both competitiveness and consumer protection, and it aims at full harmonization in this arena. The hallmark, the Unfair Commercial Practices Directive from 2005, aims to overcome diverse social, political, legal and economic traditions. Is the implied protection against misleading practices an opportunity or a threat for Central European Regions? Purpose of the article: The primary purpose is to comparatively describe and critically assess the transposed legal frameworks. The

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Chirkov, A. V. "Regulation of Consumer Risks when Concluding and Executing a Smart Contract." Actual Problems of Russian Law 15, no. 11 (2020): 180–89. http://dx.doi.org/10.17803/1994-1471.2020.120.11.180-189.

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The paper analyzes the legal status of the consumer when concluding and executing a smart contract. The author proves the existence of special risks for citizens associated with the conclusion and execution of a smart contract. In particular, the author considers the risk of a consumer’s misunderstanding of the terms of a smart contract, the risk of a difference between the terms of a smart contract and the terms of a contract set forth in the natural language, the risk of including in a smart contract conditions that infringe on consumer rights (unfair contractual terms), as well as special m

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Albalawi, Khalaf M. "Critical evaluation of English and Saudi insurance law: A case for reform." RUDN Journal of Law 25, no. 2 (2021): 582–600. http://dx.doi.org/10.22363/2313-2337-2021-25-2-582-600.

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The global significance of English law continues, particularly in Saudi as it is the most frequently chosen insurance policy law. Both jurisdictions provide consumer protections in insurance markets including the Consumer Insurance (Disclosure and) Act and the 2015 Insurance Act and the Insurance Consumer Protection Principles 2014 in Saudi Arabia. This study aims to analyse the current reform impact on the interpretation of these doctrines between the UK and Saudi jurisdictions. In the last few years British insurance law has been significantly reviewed and modified and the most recent amendm

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Delgado, Joedson De Souza, and Aline Roberta Halik. "OVER-INDEBTEDNESS: A LEGAL PROTECTION ANALYSIS ON THE ASPECT OF SUSTAINABLE CONSUMPTION." Revista de Estudos e Pesquisas Avançadas do Terceiro Setor 4, no. 1 (2017): 97. http://dx.doi.org/10.31501/repats.v4i1.8117.

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Over-indebted people increase and its consequences justify a study about the judicial guardianship of such consumers. This article aims to analyze the reach of over-indebted judicial guardianship under the perspective of sustainable consumption, based on the guiding principles of contract legislation and entrepreneurial activities. The study will enable observing the current social and contractual overview, as well as the over-indebtedness effects over human dignity - based on preventive actions, which comprise the achievement of social role, and fixing actions, through jurisdictional determin

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HUANG, Jie (Jeanne). "Internet (Un)Immunity: Where Does China Stand?" Asian Journal of Law and Society 7, no. 2 (2020): 345–68. http://dx.doi.org/10.1017/als.2019.27.

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AbstractThis paper focuses on Internet intermediaries’ civil liabilities for contents produced by third parties. By comparing Chinese law with the laws of the US and EU, it argues that the US law grants broad civil immunity to Internet intermediaries, and the EU and China restrict civil immunity to intermediaries but in different ways. This is on account of how, in the US, Internet intermediaries enjoy civil immunity as long as they do not become content providers. In the EU, aside from mere conduit intermediaries, all other intermediaries are subject to the notice-and-take-down mechanism befo

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Cornejo, Pablo A. "Los acuerdos de elección de foro en los contratos internacionales de consumo Su eficacia en la Ley N° 19.496." Latin American Legal Studies 8 (May 3, 2021): 1–64. http://dx.doi.org/10.15691/0719-9112vol8a1.

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This study is divided into two parts. The first part analyzes the rationale for choice of court agreements, the roles they play in international contracts, and the difficulties arising when recognizing them in agreements between parties with unequal bargaining power, specifically in international consumer contracts. The second part analyses the national rules of international jurisdiction applicable to these contracts. Bearing this in mind, first, the current state of the discussion about their validity in Chile is explained; then the effect in this discussion of applying the provisions of Law

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CHEN, Vivien, Andrew GODWIN, and Ian RAMSAY. "An ASEAN Framework for Cross-Border Cooperation in Financial Consumer Dispute Resolution." Asian Journal of Comparative Law 12, no. 1 (2017): 167–96. http://dx.doi.org/10.1017/asjcl.2017.1.

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AbstractThe increasing integration of regional markets in Southeast Asia has led to the need for a regional framework for financial consumer protection. Access to affordable redress mechanisms is essential for consumer confidence in ASEAN’s burgeoning regional financial markets. Drawing on established channels of regional cooperation among ASEAN Member States, this article proposes a framework based on international best practices and existing financial consumer dispute resolution mechanisms in ASEAN 5 countries. It explores the need for cross-border cooperation to facilitate the effective res

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Tifany, Takenia, and Anna Maria Tri Anggraini. "PERLINDUNGAN KONSUMEN DALAM PENERAPAN BATAS KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN MENYELESAIKAN PERKARA KONSUMEN (Studi Putusan No 481 K/Pdt.Sus-BPSK/2015)." Jurnal Hukum Adigama 1, no. 1 (2018): 1087. http://dx.doi.org/10.24912/adigama.v1i1.2187.

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Consumer Protection Law regulates the legal protection of consumer and including Consumer Dispute Completion Firm who autorhized to resolve consumer disputes who feel harmed over the acts of business from people that sometimes arbitrary, but decisions taken by Consumer Dispute Completion Firm often incriminate business actors, and usually seem to exceed the limit of their authority even wrong in applying the law. Consumer Dispute Completion Firm’s authority to adjudicate and decide a dispute is induced by Supreme Court’s decision which makes Consumer Dispute Completion Firm’s authority to limi

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Oseni, Umar A. "Fatwā shopping and trust: towards effective consumer protection regulations in Islamic finance." Society and Business Review 12, no. 3 (2017): 340–55. http://dx.doi.org/10.1108/sbr-03-2017-0016.

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Purpose This study aims to examine the phenomenon of Fatwā shopping, its effect on consumer trust in Islamic finance products and the need for effective consumer protection regulations in the Islamic finance industry. Design/methodology/approach The methodology used in this study is qualitative research which draws significantly from relevant regulations on financial consumer protection through analytical method to identify common themes on Fatwā shopping and consumer trust in the relevant literature. Findings This study finds that the increasing practice of Fatwā shopping through clandestine

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Saumier, Geneviève. "Uniformity and Diversity in the Enforcement of Arbitration Clauses in Canada." THEMIS Revista de Derecho, no. 77 (December 21, 2020): 111–21. http://dx.doi.org/10.18800/themis.202001.005.

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Arbitration is well established in Canada. All jurisdictions have implemented the 1958 New York Convention, the UNCITRAL Model Law on Arbitration and equivalent legislation for domestic arbitration. This generally supportive legal landscape for arbitration is often at odds with access to justice for consumers. As a result, several jurisdictions in Canada have adopted legislation to guarantee consumers’ access to local courts, including through class actions, notwithstanding the inclusion of arbitration clauses in their contracts. The constitutional division of powers in Canada entitles each pr

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Канашевский, Владимир, and Vladimir Kanashevskiy. "Definition of the Applicable Law to the Treaty on International Passenger Air Service in Russian Judicial Practice." Journal of Russian Law 3, no. 10 (2015): 0. http://dx.doi.org/10.12737/13255.

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The author researches the question of determination of applicable law to the contracts for the international carriage of passengers by air including application of Warsaw Convention and Montreal Convention, consumer protection laws, foreign laws and applicable terms and conditions of the aircraft companies. The author analyses inter alia the issues of determination of the content of applicable foreign law and jurisdiction of the courts over the disputes arising from the contracts for the international carriage of passengers by air. Specifically the author researches the issues of application o

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Gainsbury, Sally M., Alex MT Russell, Nerilee Hing, and Alex Blaszczynski. "Consumer engagement with and perceptions of offshore online gambling sites." New Media & Society 20, no. 8 (2017): 2990–3010. http://dx.doi.org/10.1177/1461444817738783.

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Many jurisdictions have legalized and licensed online gambling sites. Nonetheless, a notable proportion of the online gambling market operates offshore. Offshore sites pose risks for consumers in terms of unsafe and disreputable practices, compete with domestically licensed sites and do not participate in the economies in which they operate. This study aimed to explore the extent to which Australian online gamblers use offshore as compared to domestic gambling sites, consumer attitudes and gambling-related harms. Participants ( N = 3199) completed an online survey assessing gambling behaviour,

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Usman, Dahiru Jafaru, Nurli Yaacob, and Aspalella A. Rahman. "Scale development for consumer protection and its determinants: evidence from Nigeria." International Journal of Law and Management 58, no. 4 (2016): 354–71. http://dx.doi.org/10.1108/ijlma-04-2015-0018.

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Purpose This paper aims to develop an instrument for measuring Consumer Protection and its Determinants (CP&Ds). This is because literature on an instrument to measure CP&Ds is scarce. Design/methodology/approach In Nigeria, 53 questionnaires were distributed to legal practitioners. The study used 24 items to operationalize the CP&Ds. The research data were coded and scored, and the exploratory factor analysis (EFA) was conducted using SPSS version 22. The Bartlett’s test of sphericity, Kaiser–Meyer–Olkin, Cronbach’s alpha and Pearson’s correlation coefficient were used for the EFA

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Catalán Chamorro, María José. "El derecho a la libre prestación de servicios o libre circulación de capitales en la Unión Europea vs. la protección del consumidor nacional croata a la luz del asunto C-630/17 Anica Milivojević vs. Raiffeisenbank St. Stefan-Jagerberg-Wolfsberg Egen = The right to free provision of services or free movement of capital in the european union vs. the protection of the Croatian national consumer in the context of the case C-630/17 Anica Milivojević vs. Raiffeisenbank St. Stefan-Jagerberg-Wolfsberg Egen." CUADERNOS DE DERECHO TRANSNACIONAL 12, no. 1 (2020): 531. http://dx.doi.org/10.20318/cdt.2020.5201.

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Resumen: En el presente trabajo se analiza el impacto que ha tenido la Ley de nulidad de los contratos de préstamo con elementos internacionales celebrados en la República de Croacia con un acreedor no autorizado y su confrontación con la normativa europea. Esto se realiza a través de las cuestiones prejudiciales planteadas por un Tribunal municipal croata sobre la afectación del derecho a la libre prestación de servicios y libre circulación de capitales en la Unión Europea; alteración de los fueros competenciales, extensión del concepto de consumidor a empresarios y la concepción de los derec

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Da Veiga, Adéle, Ruthea Vorster, Fudong Li, Nathan Clarke, and Steven M. Furnell. "Comparing the protection and use of online personal information in South Africa and the United Kingdom in line with data protection requirements." Information & Computer Security 28, no. 3 (2019): 399–422. http://dx.doi.org/10.1108/ics-11-2018-0135.

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Purpose The purpose of this study was to investigate the difference between South Africa (SA) and the United Kingdom (UK) in terms of data protection compliance with the aim to establish if a country that has had data protection in place for a longer period of time has a higher level of compliance with data protection requirements in comparison with a country that is preparing for compliance. Design/methodology/approach An insurance industry multi-case study within the online insurance services environment was conducted. Personal information of four newly created consumer profiles was deposite

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Zamora Manzano, José Luis. "Protección del consumidor en los mercados: una perspectiva romanística del derecho de información y la transactio." Zeszyty Naukowe KUL 60, no. 3 (2020): 299–324. http://dx.doi.org/10.31743/zn.2017.60.3.299-324.

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In the present paper, we will focus on information on consumer protection and mediation which allows a much quicker resolution of any conflicts that arise in the matter of consumption, emphasizing the sources of Roman law where we find the Consumer protection carried out by the aediles, who were in charge of controlling and monitoring the markets, speculation and weights and measures, for this we analyze mainly sources such as D.21.1.1.1 and the vice that originated the redhibition D.21.16 and 21.1.14.10, among others. Moreover, the jurisdiction of the aediles developed in the same way as the

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Chandak, Aashana. "Are Browse-wrap Agreements Legally Binding: As Analysed Across Multiple Jurisdictions." International Journal of Innovative Science and Research Technology 5, no. 7 (2020): 1333–36. http://dx.doi.org/10.38124/ijisrt20jul858.

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Browse-wrap agreements are e-contracts that lack the element of express consent which creates ambiguity in their enforcement across countries like India and Canada. The United States of America has through a plethora of case laws attempted to follow a framework with a adequate communication of notice system which is subjected to consumer protection concerns. With the recent enforcement of the General Data Protection Regulations(GDPR)in the European Union it has led to the complete abandonment of the browse-wrap agreements due to the lack of the consentbeing explicitly provided. Leading to the

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Nyenti, Mathias Ashu Tako. "REFORMING THE SOUTH AFRICAN SOCIAL SECURITY ADJUDICATION SYSTEM: INNOVATIVE EXPERIENCES FROM SOUTH AFRICAN NON-SOCIAL SECURITY JURISDICTIONS." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (August 29, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1349.

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There is currently no uniform social security dispute resolution system in South Africa due to the piecemeal fashion in which schemes were established or protection against individual risks regulated. The result is that each statute provides for its own dispute resolution institution(s) and processes. There are also various gaps and challenges in the current social security dispute resolution systems, some of these relating to the uncoordinated and fragmented nature of the system; inaccessibility of some social security institutions; inappropriateness of some current appeal institutions; the l

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Van Heerden, Corlia Maritha, and Reinhard N/a Stteennot. "Pre-agreement assessment as a responsible lending tool in South Africa, the EU and Belgium: Part 1." Potchefstroom Electronic Law Journal 21 (April 18, 2018): 1–30. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2950.

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Responsible lending has become a very pertinent issue on the agenda of credit regulators across the globe who seek to combat the causes of consumer over-indebtedness. In this context the use of “pre-agreement assessment” as a tool to filter out those instances where, based on a consumer’s creditworthiness or ability to repay, credit should not be granted to such consumer, is a feature common to the lending regimes of various jurisdictions.This contributionÂ consists of two parts: PartÂ 1 provides a critical discussion of the reckless credit provisions of the National Credit Act 34 of 2005. Par

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Habibzadeh, Taher. "Developing Internet Jurisdiction in B2B and B2C Contracts: Focusing on Iranian Legal System with Comparative Study of American, English and eu Laws." Arab Law Quarterly 31, no. 3 (2017): 276–304. http://dx.doi.org/10.1163/15730255-12313034.

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Abstract In the modern world, electronic communications play a significant role in areas of national and international law such as Internet jurisdiction. Private international law provides that the competent court is the court within which jurisdiction the contract is performed, so it is important to know the place of performance of the contract in the case of contracts for digital goods such as e-books or computer software delivered online. It is equally important in the case of electronic services such as e-teaching. Furthermore, as consumer protection in B2C contracts is important in develo

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Bisping, C., and T. J. Dodsworth. "Consumer Protection and the Regulation of Mobile Phone Contracts: A Study of Automatically Renewable Long-Term Contracts Across Jurisdictions." Journal of Consumer Policy 42, no. 3 (2019): 349–75. http://dx.doi.org/10.1007/s10603-019-09417-0.

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Reich, Norbert. "Jurisdiction and Applicable Law in Cross-Border Consumer Complaints. Socio-Legal Remarks on an Ongoing Dilemma Concerning Effective Legal Protection for Consumer-Citizens in the European Union." Journal of Consumer Policy 21, no. 3 (1998): 315–37. http://dx.doi.org/10.1023/a:1006936323258.

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Stakhov, A. I., and D. M. Mustafina-Bredikhina. "Analytical Review of Court Practice in Cases of Challenging Individual Administrative Acts of State Control and Supervision Bodies." Rossijskoe pravosudie 3 (February 21, 2020): 39–54. http://dx.doi.org/10.37399/issn2072-909x.2020.3.39-54.

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The review examines the procedure of courts' actions in administrative cases arising in the course of challenging individual administrative acts of state control and supervision bodies; the practice of courts of different regions of the Russian Federation is analyzed. The paper investigates various types of court proceedings in this category of cases, examines the competence of both courts of General jurisdiction and arbitration courts, focuses on administrative cases arising in the course of challenging individual administrative acts issued in the course of state control and supervision over

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Terentyeva, L. V. "GROUNDS FOR ESTABLISHING INTERNATIONAL JUDICIAL JURISDICTION IN RELATION TO CROSS-BORDER CONSUMER DISPUTES IN DIGITAL ERA." Lex Russica, no. 11 (November 22, 2019): 96–107. http://dx.doi.org/10.17803/1729-5920.2019.156.11.096-107.

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The paper examines the issues of establishing international judicial jurisdiction in relation to crossborder consumer disputes in the digital environment. To this end, the author makes a comparative analysis of the grounds for establishing judicial jurisdiction in the form of "distribution of advertising in the information and telecommunication network "Internet", aimed at attracting the attention of consumers" enshrined in art. 402 part 3 para. 2 of the Civil Procedural Code of the Russian Federation, and the criterion of "directed activity of the professional party to the territory of the co

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Fiedler, Ingo. "Regulation of online gambling." Economics and Business Letters 7, no. 4 (2018): 162. http://dx.doi.org/10.17811/ebl.7.4.2018.162-168.

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In most jurisdictions gambling is considered a demerit good that causes negative externalities and requires market interventions. Such interventions are based on (1) consumer protection and public health, (2) crime prevention and public order, and (3) fiscal motives. Despite a relative homogeneity among Western cultures in normative values, a broad variety of regulatory systems for online gambling can be observed, ranging from free markets to licensing systems, state monopolies and prohibitions—even within the same nation state. It is hypothesized that these differences stem from insufficient

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MacGregor Pelikánová, Radka. "European myriad of approaches to parasitic commercial practices." Oeconomia Copernicana 8, no. 2 (2017): 167. http://dx.doi.org/10.24136/oc.v8i2.11.

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Research background: The Post-Lisbon EU aims at smart, sustainable, and inclusive growth on the single internal market, as indicated by the Europe 2020. The interplay of the competition and consumer protection on such a market is subject to harmonization. The Unfair Commercial Practices Directive has been made in order to achieve a full harmonization in this respect in 2007. However, EU member states share different social, political, legal and economic traditions and their approaches to unfair competition, in particular if committed via parasitic commercial practices, are dramatically diverse

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Diniyya, Aulia Arifatu, Mahdiah Aulia, and Rofiul Wahyudi. "Financial Technology Regulation in Malaysia and Indonesia: A Comparative Study." Ihtifaz: Journal of Islamic Economics, Finance, and Banking 3, no. 2 (2021): 67. http://dx.doi.org/10.12928/ijiefb.v3i2.2703.

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Introduction to The Problem: The era of innovation in information technology has emerged to ease daily commercial transactions. The innovation in financial technology has created numerous new business model to cater the customers’ need. This development needs a regulation and supervision to avoid chaos in the financial system. Particularly in Indonesia and Malaysia, which both countries were recorded by CCAF to be among the top countries in the ASEAN region by the number of fintech firms.Purpose/Objective Study: This study is aimed to analyze the financial technology regulation and supervision

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Carrizo Aguado, David. "“Trampantojo” de foros ante los profusos incumplimientos llevados a cabo por la compañía Ryanair en vuelos internacionales = “Trampantojo” forums for the numerous breaches carried out by Ryanair in international flights." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 2 (2019): 490. http://dx.doi.org/10.20318/cdt.2019.4974.

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Resumen: Desde la perspectiva del proceso civil internacional no cabe duda que el interés básico de las partes es la previsibilidad. Ello se traduce en la necesidad de conocer de antemano, si surgieran las diferencias, ante qué jurisdicción sería preciso hacer valer los derechos. El Reglamento (UE) 1215/2012 parte de una organización estructurada de la competencia judicial internacional, distinguiéndose entre foros exclusivos, sumisión tácita o expresa, el foro del domicilio del demandado, los foros especiales por razón de la materia y los foros de protección. Esta estructura supone una asigna

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Biel, Łucja, and Agnieszka Doczekalska. "How do supranational terms transfer into national legal systems?" Terminology 26, no. 2 (2020): 184–212. http://dx.doi.org/10.1075/term.00050.bie.

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Abstract The objective of this paper is to analyse how European Union (EU) supranational terms related to consumer protection transfer into domestic legal systems of three English-language jurisdictions (the UK, Ireland and Malta) during the transposition of EU directives. Transposition is a process of incorporating EU directives into national law and capturing supranational terms during their entry into national legal systems. We adopt a mixed-method approach of corpus linguistics and legal analysis of terms, working with a corpus of five directives and their UK, Irish and Maltese transposing

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McHugh, Marilyn. "A Review of Foster Carer Allowances: Responding to Recommendation 16.9 of the Special Commission of Inquiry into Child Protection (NSW)." Children Australia 36, no. 1 (2011): 18–25. http://dx.doi.org/10.1375/jcas.36.1.18.

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In the Report of the Special Commission of Inquiry into Child Protection in New South Wales, Recommendation 16.9 states: ‘Carer allowances should be reviewed periodically by an independent body and should more closely reflect the actual costs to the carer of providing care, according to the varying categories of need’ (Wood, 2008, p. 689). In 2000, estimates of the costs of foster children were developed (the Foster Care Estimates) by an ‘independent body’, the Social Policy Research Centre (SPRC). Using a budget standards approach, estimates representing the ‘basic’ subsidy were based on the

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MELTZER, JOSHUA P. "Governing Digital Trade." World Trade Review 18, S1 (2019): S23—S48. http://dx.doi.org/10.1017/s1474745618000502.

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AbstractAs global data flows and digital technologies transform international trade, governments and regulators have to determine how to benefit from these developments while maintaining the integrity of their domestic regulations. Currently, governments are increasingly restricting global data flows and requiring data localization, undermining the economic benefits of digital trade. To address this trend will require a system of digital trade governance that has two key elements. One element is new digital trade rules, some of which exist in the WTO and others which are being developed in fre

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Langlois, Raynold. "La Cour suprême et les communications." Chronique de jurisprudence 19, no. 4 (2005): 1091–107. http://dx.doi.org/10.7202/042288ar.

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On November 30th, 1977, the Supreme Court rendered two important decisions which put an end to the provincial claims for jurisdiction on cable distribution undertakings. On January 19, 1978, the Supreme Court rendered a third judgment dealing with provincial consumer protection legislation affecting broadcasting undertakings. These three judgments although flowing from unrelated matters, must be read together. They confirm that the federal power over radiocommunications is exclusive. Any service which is connected thereto such as the distribution of programming by means of cables form and inte

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YEFREMOVA, Iryna. "Peculiarities of protection of private rights by non-jurisdiction methods of settlement of legal disputes (conflicts)." Economics. Finances. Law, no. 6/1 (June 30, 2021): 23–29. http://dx.doi.org/10.37634/efp.2021.6(1).5.

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Introduction. Adoption of new laws of civil and substantive law, the novelty of legal relations governed by the rules of these laws, the complexity of civil conflicts arising from these legal relations, require a high level of legal protection, compliance with the rule of law by all members of society. Only the law allows interested parties to choose the form of protection. This form can be traditional – jurisdictional (provides for the establishment of a body and procedure for the protection of violated rights), and non-jurisdictional (but certainly allowed by law), which may resort to intere

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Home, Robert, Mareike Weiner, and Christian Schader. "Smart Mixes in International Supply Chains: A Definition and Analytical Tool, Illustrated with the Example of Organic Imports into Switzerland." Administrative Sciences 11, no. 3 (2021): 99. http://dx.doi.org/10.3390/admsci11030099.

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Combinations of national and international, hard and soft powers, known as Smart Mixes, have been proposed as a way for governments in consumer countries to influence the behaviour of supply chain actors who operate outside their jurisdiction. However, the Smart Mix concept has not yet been precisely defined, which has hindered its operationalization as a means of analyzing the governance of long and complex international supply chains. The aim of this contribution is to derive a working definition of Smart Mixes and use it to create and demonstrate a generalizable analytical tool that facilit

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SADYKOV, R. M. "JURISDICTIONAL FORMS OF PROTECTION OF PATENT RIGHTS." Herald of Civil Procedure 9, no. 4 (2019): 182–200. http://dx.doi.org/10.24031/2226-0781-2019-9-4-182-200.

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Üniversitesi AVRUPA TOPLULUĞU ENSTİTÜSÜ, Marmara. "CONSUMER PROTECTION." Marmara Üniversitesi Avrupa Topluluğu Enstitüsü Avrupa Araştırmaları Dergisi 2, no. 1&2 (2015): 301–6. http://dx.doi.org/10.29228/mjes.372.

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Engku Ali, Engku Rabiah Adawiah, and Umar A. Oseni. "Towards an effective legal and regulatory framework for Islamic financial transactions." International Journal of Law and Management 59, no. 5 (2017): 652–72. http://dx.doi.org/10.1108/ijlma-04-2016-0038.

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Purpose In propelling Malaysia to become a high value-added and high-income economy by 2020, the Central Bank of Malaysia has consistently emphasized the need for a new trajectory of transformation and growth which will leverage on a robust legal framework that for enhancing Islamic financial transactions. This paper aims to examine the latest major policy initiatives and legal reforms introduced to promote both local and cross-border transactions that seek to project Malaysia as a hub for Islamic financial transactions. Design/methodology/approach While adopting an analytical approach in anal

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