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Ochrana spotřebitele a informační povinnost podnikatelů / Consumer protection and information duty of entrepreneursŠvehlová, Magda January 2010 (has links)
Thesis in the first part deals with consumer protection on Czech and European legislative level, with emphasis on information duty of an entrepreneur. The practical part focuses on information obligations of supervisory authorities, which are further shown in the famous case of CTI and its fuel checks carried out at petrol stations.
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Mezinárodní kupní smlouva a perspektivy její právní úpravy / International sales contract and perspectives of its legal regulationKoričanská, Marie January 2015 (has links)
The international sales contract is one of the most important and frequently used legal instruments in the area of international business relations. Despite its functional stability, it is subject of continuous interest of legal theory and practice through which the questions related to its legal regulation are tackled. Therefore, this thesis deals with international sales contract and the perspective of its legal regulation. Particularly, the aim of this thesis is to answer the question on how the regulation of international sales contract is developing with regard to the national and supranational law, especially the Act on international private law, the Vienna convention, the Rome I regulation and the CESL (Common European Sales Law). The thesis considers this question both from the entrepreneurs' and customers' point of view. Besides the general theoretical aspects of the international sales contract, the thesis also focuses on particular legal acts containing the most relevant regulation of international sales contract and the structure and framework of the thesis corresponds with this focus. The thesis is divided into five chapters, which are preceded by the introduction and followed by the conclusion. The core of the thesis is in chapter five, which analyzes partial aspects of current...
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O vício de produto essencial / The defect of the essential productAlencar, Winston Neil Bezerra de 10 February 2017 (has links)
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Previous issue date: 2017-02-10 / The present dissertation aims at showing the vulnerability and the difficulty of the consumer to exercise the right guaranteed by the art. 18, § 3º of the Code of Consumer Protection in order to make immediate use of the determined alternatives of the § 1º from the art. 18, which are: the substitution of the product by another one of the same kind, in perfect conditions of use; or, the immediate refund of the paid amount, appropriately updated, without the risk of any loss and damage; or, the proportional reduction of the price. The object of the present research is limited to the defect of the product when the product is essential. The absence of a legal definition of essential product, in our comprehension, increases the vulnerability of the disadvantaged in the consuptiom process concerning the right above, because it makes the consumer pass through the subjective sieve of the magistrates, according to their concepts and principles about what they think of essential product. The importance of this subject comes from the difficulty faced by the consumer in the immediate exercise of the alternatives from the art. 18, § 1º, of the CDC (Code of Consumer Protection), since the consumer is not always full filled in the request due to the concepts and principles which, although they give a shape to the decision of the magistrate about what essential product is, don´t have the power to put away or reduce the indispensability of such products on the consumer´s daily routine. For this dissertation, both the doctrine and the jurisprudence were researched, and consequently, a comparison was performed between the concepts and characteristics of the defect of the product in the ambit of the civil and consumer laws. Therefore, the present research aims to cause an analysis about the institute of the essential product, as well as propose the strengthening of the consumer protection concerning the demands caused by the defects in the products, which are inter-related to the consumer´s existence and daily life. At the end, it proposes a concept for essential product, which is: theory of the essential products / O presente trabalho objetiva demonstrar a vulnerabilidade e a dificuldade do consumidor ao exercer o direito disciplinado pelo art. 18, § 3º do Código de Defesa do Consumidor no sentido de fazer uso imediato das alternativas dispostas do § 1º do art. 18, quais sejam: a substituição do produto por outro de mesma espécie, em perfeitas condições de uso; ou, a restituição imediata do valor pago, devidamente atualizado, sem prejuízo de eventuais perdas e danos; ou ainda, o abatimento proporcional do preço. O objeto da presente pesquisa limita-se ao vício do produto quando este for essencial, uma vez que, embora o CDC possibilite ao consumidor a opção de fazer uso, de forma imediata, das alternativas prescritas no art. 18, § 3º, não definiu o que seja produto essencial. A falta de uma definição legal de produto essencial, em nosso entendimento, aumenta a vulnerabilidade do hipossuficiente na relação de consumo no exercício do direito supramencionado, pois, faz com que o consumidor seja submetido ao crivo subjetivo do magistrado, de acordo com os seus conceitos e princípios acerca do que entende tratar-se de produto essencial. A relevância do tema decorre da dificuldade enfrentada pelo consumidor no exercício imediato das alternativas do art. 18, § 1º, do CDC, uma vez que nem sempre é atendido em sua postulação em razão dos conceitos e princípios que, embora deem forma à decisão do magistrado acerca do que seja produto essencial, não possuem o condão de afastar ou diminuir a imprescindibilidade de determinados produtos no dia a dia do consumidor. Para o desenvolvimento do trabalho, foram pesquisadas tanto a doutrina como a jurisprudência, e por conseguinte, foi realizado um cotejo entre os conceitos e características do vício do produto no âmbito do direito civil e do direito do consumidor. Destarte, a presente pesquisa visa provocar uma reflexão acerca do instituto do produto essencial, bem como propor o fortalecimento da defesa do consumidor no tocante às demandas decorrentes de vícios apresentados em produtos, os quais encontram-se inter-relacionados com a sua existência e o seu cotidiano. Ao final, propõe um conceito de produto essencial, qual seja: teoria dos produtos essenciais
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Crimes e relação de consumo: aplicabilidade do processo penal em empreendimentos gastronômicosMonteiro, Nivaldo Aparecido Pedro 16 October 2013 (has links)
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Previous issue date: 2013-10-16 / This research aims to demonstrate that the Criminal Code and the Consumer Protection (Law 8.078/90) are many times ignored by owners, employees and customers of gastronomic ventures. Since July 2010, all the shops and services in the country are required to keep available for consultation with clients the Code of Consumer Protection, in a conspicuous and easily accessible. The study will classify the probable frauds committed by eating establishments and identifying the penalties that should be imposed on the author in case of noncompliance with the law. Will be checked also the possible use of the Code of Criminal Procedure, Law No. 12.403, of May 4, 2011 amending the provisions of Decree-Law No. 3,689, of October 3, 1941, relating to procedural arrest, bail, temporary freedom and other precautionary measures beyond the application of adequate alternative measures that guide the ways to prevent and deter these crimes, increasing their effectiveness in protecting the consumer. It is also necessary to apply the Criminal Code against any illegal practices committed by entrepreneurs in this sector, that hurt consumer relations and thus identify the standards applicable to food establishments that may charge penalties when these entrepreneurs are not observed / Esta pesquisa tem como objetivo demonstrar que o Código Penal e o Código de Defesa do Consumidor (Lei 8.078/90) são por muitas vezes ignorados por proprietários, funcionários e clientes de empreendimentos gastronômicos. Desde julho de 2010, todos os estabelecimentos comerciais e de prestação de serviços do país estão obrigados a manter disponíveis para a consulta dos seus clientes o Código de Defesa do Consumidor, em local visível e de fácil acesso. O estudo irá classificar as prováveis fraudes cometidas por estabelecimentos de alimentação e identificar as penas que devem ser impostas ao autor no caso de descumprimento da lei. Será verificada também a possível utilização do Código de Processo Penal, da Lei nº 12.403, de 4 de maio de 2011 que altera dispositivos do Decreto-Lei nº 3.689, de 3 de outubro de 1941, relativos à prisão processual, fiança, liberdade provisória e demais medidas cautelares além da aplicação das medidas alternativas adequadas, que norteiam os caminhos para evitar e deter estes crimes, alcançando sua eficácia na proteção do consumidor. É necessário também aplicar o Código Penal contra eventuais práticas ilegais cometidas pelos empresários desse setor, que ferem as relações de consumo e assim identificar as normas aplicáveis aos estabelecimentos de alimentação que podem imputar sanções penais aos empreendedores quando tais não forem observadas
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A Survey of the Utilization of the U.S. Consumer Product Safety Commission's Guidelines for Playgrounds in TennesseeAlsup, Michael 01 December 1990 (has links)
The U.S. Consumer Product Safety Commission's A Handbook For Public Playground Safety was published in 1981 in response to a petition to develop a mandatory set of safety standards. The National Recreation and Park Association and the National Bureau of Standards were selected to work on the project. As the study developed, the Commission realized that a set of standards was needed instead of mandatory requirements.
Because there has not been any improvement in injury statistics nation-wide to date, the purpose of this study was to determine the degree of utilization of the guidelines in Tennessee. This was seen as being important to public agencies due to the liability of operating playgrounds and the rising expense of judgments against agencies in lawsuits.
A survey instrument was developed, with the aid of a jury of experts, to serve as the data gathering tool. It was mailed to ninety-four city and county departments in Tennessee. The survey included questions concerning the possession of the Handbook, inspections and maintenance, playground design, ground surfaces, and playground equipment. It was analyzed by tabulating percentages, simple frequencies, and numerical ranking.
Surveys were completed and returned by sixty-four departments; only half responded that they had copies of Handbook. The tabulations indicated that all of those who were familiar with the Handbook reported that they believed utilizing them would reduce injuries. The majority of those responding to the survey indicated that the guidelines were being followed and that inspections and maintenance were being conducted regularly. Moreover, the tabulations indicated that the types and placement of equipment were usually within the guidelines.
The researcher, based on the findings of the study, the recommended: all departments should obtain a copy of the Handbook and use it as a guide for any aspect of their playgrounds; documentation and inspection of playgrounds should be carried out at least weekly by employees who are assigned to the task and trained; any playgrounds that do not conform to the guidelines should be renovated or removed: and ground surfaces should be used in recommended depths to aid in cushioning falls.
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Sms-lån : Kreditgivning med bristande konsumentskyddHjalmarsson, Maria, Mårtensson, Linn January 2009 (has links)
<p>The subject of sms-loans is examined by using primary and secondary sources’. This form of credit is formally independent from other obligations with a very short credit period and the amount of the loan is low. This form of credits is applied by mobile phones and on the internet by several companies, some of them are presented in this essay. These type of creditors do not come under any sanctions from the Swedish Financial Supervisory Authority as is customary for other creditors, they only need to register. Within the consumer credit legislation from 1992 there are some exceptions in the 5a, 6 and 9 §§ concerning credit rating, information and agreements in writing. These exceptions are the reasons that make sms-loans possible. The current legislation on this subject is identified and the exceptions are further explained in the essay. Within this type of credit the consumer protection differs from other types of loans with higher credit amounts. This is also due to the exceptions within the law. The current consumer credit legislation is based on a council directive from 1987, where it is optional for the member states to include these exceptions or not in their legislation. The legislator in Sweden adopted these exceptions, as they did not predict any risk of over indebtedness. In the law-making process documented in the government bill 1991/92:83, this risk was considered as non-existent, although this risk of over indebtedness was observed by the Swedish Consumer Agency and the Swedish Enforcement Authority. The statistics of the official non-payment notices confirms this observation. These authorities and the non-governmental organisation, The Swedish Consumers’ Association, have since 2006 and onwards been pushing for a change of the legislation according to the abrogation of the exceptions. Within several official publications the complexity of sms-loans are described, such as the lack of consumer protection and the risk of over indebtedness. The Swedish Consumer Agency is the supervising authority regarding this legislation field, and the companies providing sms-loans. When the Agency discharges one’s official duties, the Marketing Act is the legislation in use. The Swedish Market Court has convicted creditors, but none of the verdicts were related to the exceptions. The lack of consumer protection is also noticed in the EU, and a new council directive was adopted in 2008. This has now been implemented into a memorandum and the appurtenant draft bill. The intention with this bill is to enforce the consumer protection and to reduce the risk of over indebtedness, when consumers obtain credit. This bill is intended to become effective at 1 of January 2011. </p>
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Sms-lån : Kreditgivning med bristande konsumentskyddHjalmarsson, Maria, Mårtensson, Linn January 2009 (has links)
The subject of sms-loans is examined by using primary and secondary sources’. This form of credit is formally independent from other obligations with a very short credit period and the amount of the loan is low. This form of credits is applied by mobile phones and on the internet by several companies, some of them are presented in this essay. These type of creditors do not come under any sanctions from the Swedish Financial Supervisory Authority as is customary for other creditors, they only need to register. Within the consumer credit legislation from 1992 there are some exceptions in the 5a, 6 and 9 §§ concerning credit rating, information and agreements in writing. These exceptions are the reasons that make sms-loans possible. The current legislation on this subject is identified and the exceptions are further explained in the essay. Within this type of credit the consumer protection differs from other types of loans with higher credit amounts. This is also due to the exceptions within the law. The current consumer credit legislation is based on a council directive from 1987, where it is optional for the member states to include these exceptions or not in their legislation. The legislator in Sweden adopted these exceptions, as they did not predict any risk of over indebtedness. In the law-making process documented in the government bill 1991/92:83, this risk was considered as non-existent, although this risk of over indebtedness was observed by the Swedish Consumer Agency and the Swedish Enforcement Authority. The statistics of the official non-payment notices confirms this observation. These authorities and the non-governmental organisation, The Swedish Consumers’ Association, have since 2006 and onwards been pushing for a change of the legislation according to the abrogation of the exceptions. Within several official publications the complexity of sms-loans are described, such as the lack of consumer protection and the risk of over indebtedness. The Swedish Consumer Agency is the supervising authority regarding this legislation field, and the companies providing sms-loans. When the Agency discharges one’s official duties, the Marketing Act is the legislation in use. The Swedish Market Court has convicted creditors, but none of the verdicts were related to the exceptions. The lack of consumer protection is also noticed in the EU, and a new council directive was adopted in 2008. This has now been implemented into a memorandum and the appurtenant draft bill. The intention with this bill is to enforce the consumer protection and to reduce the risk of over indebtedness, when consumers obtain credit. This bill is intended to become effective at 1 of January 2011.
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E-Commerce, Verbraucherschutz und die Entwicklung intelligenter AgentenZimmermann, Stefan. January 1900 (has links)
Texte remanié de : Dissertation : Droit : Université de Hambourg : 2008. / Bibliogr. p. 225-252. Notes bibliogr.
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Food labelling legislation.Lakhani, Chaya Pranlal. January 1990 (has links)
Food labelling serves to (a) inform consumers about the attributes of a food product
so that they can make rational and well-informed choices; (b) assist manufacturers in
marketing their product; and (c) warn consumers about the inherent risks of certain
products, or ingredients in the product. The costs of labelling products fully and
informatively are borne by consumers, but the benefits of labelling outweigh the costs. To
understand the role of labelling in an regulatory system it is vital to consider the
arrangement of the provisions protecting consumers generally before considering food laws
and the labelling regulations. Furthermore, due to food being an international product, it
is necessary to consider foreign countries and the manner they go about in protecting
consumers.
The United Nations, under the auspices of the Food and Agriculture Organization
(FAO) and the \Vorld Health Organization (WHO), established a Joint FAO/WHO Food
Standards Programme, called "Codex Alimentarius". The aim of the programme is to
establish standards that can be used internationally to narrow the gap between developed
countries and developing countries. To establish a standard various organs of the Codex
Alimentarius are consulted. In addition, the standards have to comply with a prescribed
format and follow a specified procedure. For the standard to be observed the member
country has to incorporate the standard into its domestic laws. One of the advantages of
the Codex Alimentarius is that the procedure to establish a standard is flexible. Australia,
United Kingdom and the United States of America are member of the Codex Alimentarius.
Australia, a federation of states, protects consumers by legislating either state
and/or Commonwealth laws. Often there is a combination of statutes. Examples of subjects
that are governed by both Commonwealth and states include false or misleading trade
practices, and weights and measures. Commonwealth laws only deal with the freedom of
information. Food laws are governed exclusively by state legislation. A significant area for
future reform is uniformity of the state food laws. There are also other areas for future
reform (eg date marking).
England and Wales protect consumers by enacting statutes that relate to private and
public rights. The important Acts that protect public rights are the Trade Descriptions Act,
Weights and Measures Act, Consumer Protection Act, Fair Trading Act and Food Act. One
of the provisions of the Criminal Courts Act is to protect personal rights when a consumer
suffers personal injury, loss or damage as a result of the offender committing an criminal
offence. Food labelling is governed by regulations, that are progressive. A fundamental criticism of the legislation and regulations is the lack of appropriate enforcement of the
laws. The enforcement of most of the above Acts is delegated to the local weights and
measures authorities. A further complication is the United Kingdom's membership of the
European Economic Community.
The United States of America enacts federal and state legislation. In protecting
consumers in respect of food, it enacts federal legislation. The important Acts include the
Fair Packaging and Labelling Act, the Meat Inspection Act, the Poultry and Poultry
Products Inspection Act and the Federal Food, Drug and Cosmetic Act. The United States
government also encourages openness, with regards to its public agencies, by creating the
Freedom of Information Act. The class action is an innovative remedy established in terms
of the Civil Procedure Act. The enforcement of food laws is delegated to the Food and
Drug Administration (FDA). The protection afforded by the United States government is
complex and sophisticated. Its laws serve as model for many countries.
The common law of South Africa has limited value in safeguarding consumers.
Consumer protection arise mostly by way of legislation and regulations. Consumers are
protected generally by the Measuring Units and National Measuring Standards Act, Trade
Metrology Act, Trade Practices Act and Harmful Business Practices Act, Standards Act,
Dairy Industries Act and the Marketing Act. Consumers are protected against harmful and
injurious foodstuffs by the Foodstuffs, Cosmetics and Disinfectants Act, and the
regulations promulgated in terms of the Act. There are several problems with the laws, eg
lack of enforcement, lack of consumer awareness and education, and so on.
An analysis of the foreign countries discussed in Part II result in the indication of
twel ve themes.
Part III examine the twelve themes and present solutions. Some of the solutions are
based on comparisons with foreign countries discussed in Part 11.
The main issues that need to be addressed in the short-term are the lack of consumer
education and problems of enforcement of consumer protection. Long-term issues include
the feasibility of introducing a department of consumer affairs and the provision of
statutory civil remedies for consumers. / Thesis (LL.M.)-University of Natal, Durban,1990.
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Determinants of consumer willingness to pay for organic food in South AfricaEngel, Wendy. January 2009 (has links)
Thesis (M.Inst.Agrar.(Agricultural Economics, Extension and Rural Development))--University of Pretoria, 2008. / Abstract in English. Includes bibliographical references.
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