Consumer Confidence and the EC Directive on Distance Contracts

This paper seeks to assess the recent EC Directive on Protection of Consumers in Relation to Distance Contracts in the context of consumer confidence. It explores the Directive's provision for pre- and post-contract information and for a cooling-off period. The scope of the Directive and its provision for enforcement is discussed and some comparison with other EC Directives and other jurisdictions is made.     

Consumer law in Argentina and the MERCOSUR

The paper reports on the new Argentine Consumer Protection Act (CPA) which was adopted by the Parliament in 1993 but partially vetoed by the President. It aims at creating a specific system of consumer protection law, thereby extending the already existing provision of the Argentine Civil Code and special market legislation. The CPA tries to improve the position of the consumer in the marketplace and vis-à-vis public services before, during and after conclusion of a contract. It contains provisions on conciliation, access to justice, and collective redress. It attaches great importance to the establishment of consumer associations and to consumer education. Finally, the author looks at the importance of the CPA for regional integration in South America through MERCOSUR.

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Zusammenfassung Verbraucherrecht in Argentinien und der südamerikanische WirtschaftsverbundDer Beitrag berichtet über das neue argentinische Verbraucherschutzgesetz, MERCUSUR. das vom Parlament im Jahre 1993 verabschiedet wurde, gegen das aber der Präsident teilweise Einspruch erhoben hat. Dieses Gesetz strebt die Schaffung eines Verbraucherrechtes an, das über die bereits existierenden Bestimmungen des argentinischen Zivilrechtes und einzelner spezieller Marktgesetze hinausgeht. Es versucht, die Rechtsstellung des Konsumenten auf dem Markt und gegenüber öffentlichen Dienstleistungen sowohl vor, als auch während und nach Abschlu\ von Kaufverträgen zu stärken. Es enthält Regelungen zu Fragen der Schlichtung, des Rechtszuganges und der öffentlichen Rechtshilfe. Es legt starkes Gewicht auf die Entwicklung von Verbraucherorganisationen und von Verbrauchererziehung. Am Ende des Beitrages analysiert der Autor die Wichtigkeit des neuen Gesetzes für die Integration Argentiniens in den südamerikanischen Wirtschaftsverbund MERCUSUR.

     

Conflicts between antidumping and antitrust law in the EC

Antidumping policy aims at protecting single firms or industries from distortions in trade with third countries. A broad definition of dumping can, however, lead to protectionist measures which conflict with antitrust policy. To what extent is this the case in the EC?     

The impact of regulatory legislation on contractual costs risk and the form of contracts used in the UK and Republic of Ireland

The problem of contractual cost and quality risk within the public sector has been infrequently addressed within the EU regulated procurement environment. The view of Member States has been that concentration of buying power, standard conditions of contract and competitive bidding are the protective mechanism and cornerstones of regulated sector buyers. Aspects of the size of the ‘bidding pool’ and the influence of EU purchasing requirements are addressed and seen as largely unsatisfactorily addressed. This article provides an empirical analysis on two significant points:

• •that the UK and Republic of Ireland (ROI) public sector bodies have not significantly changed the type of contract (or contractual form) as a result of regulatory requirements.
• •that the form of contract adopted does not effectively address the cost and quality risks management may face once such contracts have been let.

     

Consumers and services of general interest: Is EC consumer law the future?

Services of general interest, such as telecommunications services, postal services, and the supply of electricity and gas have received much attention over the last decade. Welfare-oriented public service models have come under the pressure of market-oriented approaches. Whilst access to services of general interest is frequently regarded as an important element of citizenship in the EC, recent consumer law programmes have placed them into the context of consumer law. This article discusses the implications that a consumer law approach could have on services of general interest. It concludes that consumer law cannot deal with services of general interest in a comprehensive manner but that their citizenship dimension requires special instruments that safeguard access to services of general interest where market failure is predictable.     

试论我国对《80年公约》合同形式的保留与我国《合同法》关于合同形式的冲突与协调

我国在1986年12月核准《联合国货物销售合同公约》(以下简称《公约》)时,据《公约》第96条的规定,作出了关于书面形式的保留。《中华人民共和国合同法》(以下简称《合同法》)已于1999年10月1日起施行,《合同法》对合同形式的要求作了修改,与《公约》的规定趋同。对于此,本文拟对这种保留的效力与我国《合同法》的冲突作一些探讨,提出一些建议和解决办法。     

EC Law, the Environment and Consumers: Addressing the Challenge of Incorporating an Environmental Dimension to Consumer Protection at Community Level

The principal objective of this paper is to stimulate debate about the current state of the relationship and tensions between consumer and environmental protection policies at Community level. By virtue of the constitutional changes to Community Law introduced by the Single European Act 1986 (SEA) and the Treaty on European Union 1992 (TEU), the European Community (EC) has committed itself to re-evaluating its core, fundamental aim of attaining completion of market integration. The EC is now compelled to address whether the development of open and free market conditions ultimately serves the best interests and priorities of its inhabitants and whether its original goals adequately internalise their environmental concerns and demands. This paper aims to assess critically to what extent EC policy and law have responded to these new challenges and requirements by focusing, firstly, on the caselaw of the European Court of Justice and, secondly, on policy innovations introduced by and constraints facing the EC legislative institutions. Ten years on from the SEA, it appears that the Community has barely started to confront the issue of the consumer-environment interrelationship, with the result that political and legal developments have been unclear and often contradictory. The Community must begin to match its rhetoric with definitive action.     

Consumer Law and the Environment: From Consumer to Citizen

This paper addresses the question of the relationship between consumer law and the protection of the environment. In contradiction to those who see the goals of consumer protection and environmental protection as being close to each other, this paper presents the relationship as one of conflict rather than one of harmony. Consumer law as an expression of the consumer society promotes goals which sometimes run counter to the environmental interest. This clearly comes to the fore when analysing the main consumer rights and their relationship to environmental issues. However, despite this basic incompatibility, the book of consumer law also contains some small stories of environmentally constructive behaviour. The telling of these good stories would require us to transcend the boundaries of traditional consumer law and to replace "the consumer" by "the citizen" who is interested not only in his own consumption but in all aspects of social life. In support of this development certain consumer law measures can be used to raise the awareness of consumers regarding environmental issues.     

The Action Plan on European Contract Law: Perspectives for the Future of European Contract Law and EC Consumer Law

The European Commission's Action Plan on European Contract Law is the follow-up to the Communication of July 2001. It reveals the conclusions of the Commission and proposes a mix of regulatory and non-regulatory measures aimed at removing obstacles to the smooth functioning of the internal market and ensuring the uniform application of EC law. These measures are (a) the improvement of the acquis through the elaboration of a common frame reference containing common rules and terminology, (b) promotion of the use of standard terms for cross-border contracts, and (c) further reflection on an optional horizontal instrument in the field. This article will undertake a general discussion of the likely impact of the measures on the future of EC consumer law and European contract law, and treat certain questions relating to the conflict of laws. It is also hoped that the article will acquaint the new reader with some of the (mainly) recent discussions in English and French on the subject matter from different jurisdictions.     

Cooling-Off Periods in the Consumer Laws of the EC Member States. A Comparative Law and Economics Approach

Lawyers tend to see cooling-off periods in consumer laws as a remedy for the problems caused by unequal bargaining power between sellers of goods and consumers. This article takes a different approach and argues that cooling-off periods can be seen as efficiency-enhancing devices. From an economic point of view, cooling-off periods provide a remedy for irrational behaviour on the part of consumers and may cure market failures, in particular problems caused by situational monopolies and asymmetric information. In spite of these important benefits, the economic approach also warns against possible disadvantages. The latter range from a moral hazard problem on the side of the consumer to the adverse counter-productive effects of cooling-off periods. A legislator who is informed by economic analysis may design cooling-off periods in ways that maximise their ability to cure inefficiencies and at the same time minimise their potential detrimental effects. Unfortunately, the relevant EC Directives and the current consumer laws of the Member States are not in perfect harmony with an efficiency enhancing-approach.     

The effects of Turkish accession to the EC on population and the labour market

Demography and the labour market are two important aspects that will have to be discussed in connection with possible Turkish membership of the European Community. The following article discusses these aspects primarily with regard to the situation in the EC and in Germany, which in the past was the main host country for Turkish migrants and will probably continue to be so in the future.     

对新《商检法》中权利义务规定的分析

<商检法修正案>(以下简称新法)已于10月1日正式实施.该法根据适应改革、应对入世、落实承诺、规范执法行为的原则,从立法目的、商检工作的指导原则、商检行为规范等方面对原<商检法>(以下简称旧法)作了重大修改.权利义务是所有法律关系的核心内容,也是这次<商检法>修改较大的方面.本文着重分析新法关于执法主体--商检机构和行政管理相对人--从事商品进出口活动的单位和个人的权利义务.只有明确了自己的权利义务,商检机构才能更好地履行国家法律赋予的神圣职责,依法管理和依法施检,做到不滥用职权、不超越职权行政,同时对职责范围内的事情坚决管好,做到不失职.只有明确了自己的权利义务,管理相对人才能自觉地遵守法律规定,并用好、用足、用活法律赋予自身的权利,依法维护自身合法权益.     

Introduction to the Special Issue on the Dynamics of Consumer Preferences

We compiled this special issue of Marketing Letters on The Dynamics of Consumer Preferences from contributions to this Forum and some related work. The articles in this special issue of Marketing Letters discuss a variety of behavioral regularities relating time and preference, including how consumers form and change preferences over time and how they schedule sequences of choices and outcomes as well as how they evaluate and allocate utility (cost and benefit) streams over time. Below is a brief overview of the individual papers.     

The Effects of Cognitive Style,Shopping Experience and Consumer Demographics on Consumer Reactions to Quantity Surcharges

Quantity surcharges occur when large quantities of a product are sold at a higher unit price compared to smaller quantities. As such, quantity surcharges violate consumer beliefs that one should receive a discount for having purchased larger amounts of a product. Much of the existing research in this area has focused on the incidence of quantity surcharges, and less focus has been given to consumer reactions to quantity surcharge offers. Utilizing a national survey of 318 consumers, this paper explores the effects of quantity surcharges on consumer perceptions of sellers, and examines how these perceptions are affected by consumers' cognitive style, shopping experience and demographics.     

Consumer emotional intelligence and its effects on responses to transgressions

This research suggests that consumer emotional intelligence (CEI) is an important construct in explaining why some consumers react destructively to conflicts in consumer-brand relationships whereas others approach them constructively. The results of the study show that (1) when encountering transgressions in relationships with brands, consumers low in CEI are more likely to respond to transgressions destructively than those who are high in CEI; (2) the effects of CEI on destructive responses are greater if a transgression affects consumers’ self interests rather than society’s interests; and (3) low CEI consumers are more likely to attribute negative intentions to the company and are therefore more likely to respond destructively than high CEI consumers.