The thesis concerns a critical analysis of Section 5 of the Council Regulation (EC) No. 44/2001. Section 4 concerns the matter of ‘jurisdiction over consumer contracts’ and is one of the protective rules of jurisdiction in respect of consumer protection. The thesis will divide the Articles of Section 4 into three categories: ‘who can sue’ (specifically, ‘who can invoke the consumer protection provisions to sue his supplier); ‘who can be sued’ (specifically, ‘who can fall within the consumer protection provisions) and ‘where to sue’ (specifically, the places where the consumer protection provisions allow the parties to litigate). The thesis will also approach the problems of the consumer protection provisions by evaluating those amendments to Section 4 between the Convention and the Regulation. What changes to the scope of the application of Section 4 were made by the amendments? How would these changes impact upon the exercise of Arts.16 and 17? Moreover, would these changes be of any benefit to the rights of consumers or be of damage to the exercise of e-commerce? Criticisms of the rules of the Regulation will be offered, because these rules do not make any substantial changes to the scope of application of the consumer protection provisions. Even though a purpose of the amendments was to make the protection provisions clearly applicable to e-commerce, they have not yet made anything easier to be exercised in the e-commerce environment or brought any benefit in terms of the rights of consumers. Therefore, the thesis will make further suggestions as to how the law should be developed.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:499317 |
| Date | January 2008 |
| Creators | Chunhsien, Sung |
| Publisher | University of Aberdeen |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Source | http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=25199 |
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