The New German Sales Law: Changing Patterns in the Regulation of Product Quality

Directive 99/44/EC has led to a fundamental revision of the German Civil Code, the BGB. The Act on the Modernisation of the Law of Obligations, which is now in force, pursues a threefold objective: modernisation, Europeanisation, and integration. Modernisation means making German civil law fit for competition with the best civil systems. Europeanisation means transforming three directives on default, consumer sales, and e-commerce into German civil law. Integration means absorbing consumer legislation into the Civil Code.This paper focuses on sales law. The author argues that it enshrines a new concept of contract law. Its basic elements are made clear when examined on the basis of a historical analysis of the factors that have determined the development of the product quality regulation in the last century: contract law, technical standardisation, and competition law. All three are no longer in the hands of the Member States alone. Europeanisation is at the heart of the matter. Europeanisation has led to major changes in technical standardisation, in competition law, and now in contract law. This newly emerging concept might be termed "competitive contract law," as it develops under the influence of both EC contract and EC competition law. The German legislator has gone a long way in changing the regulatory patterns in sales law. Whether it will be politically and legally accepted remains to be seen.     

Changing Directions in Consumer Bankruptcy Law and Practice in Europe and USA

The consumer bankruptcy or, rather, consumer debt adjustment, is a fairly recent phenomenon in continental Europe. In the nineties, a number of European countries introduced judicial institutions in order to alleviate an excessive debt burden carried by consumer debtors. In addition to the court proceedings, the European jurisdictions often provide the debtor with debt counselling services, supervision, and payment requirements. In the United States, on the other hand, discharge of debt has been an established principle of bankruptcy law since the late 19th century, and bankruptcy is frequently used by consumer debtors. However, in the US, as well as in Canada, debtors are increasingly encouraged to opt for a payment plan. There seems to be a certain convergent trend between the two different legal cultures. Paradoxically, at the same time scholars have pointed out that the variance in local cultures seems to be a main factor in explanations of how debtors choose either a direct discharge or a payment plan. This finding gives us reason to consider the interplay of counselling and other pre-trial measures and its effect upon the rights and duties of debtors.     

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.     

Price Intransparency,Consumer Decision Making and European Consumer Law

Price comparison is a basic element of competition. For comparison to work, at least prices need to be transparent. Moreover, price is usually a focal point in consumer thinking and deciding on transactions. Hence, obfuscating prices can be detrimental to consumers. Therefore, it is vital for policymakers to know how transparent pricing is in reality. Commercial practices involving price intransparency can be detrimental to consumer decision making and may be associated with market failure. So, legislative intervention to ensure price transparency is sometimes warranted. Suppliers may disclose and frame pricing information in such ways as to influence consumers. For some suppliers, advantages may be gained by obfuscating price—through practices ranging from the outright hiding of price terms in the small print to subtle ways of throwing in gifts or adding charges during the vending process. Do consumers appreciate the implications of the fact that by framing price in different ways suppliers actually try to influence their demand for products? And how does the law broadly speaking respond to problems of price intransparency? In this article, behavioural science insights are combined with a legal analysis of European consumer law in order to chart some of the detrimental influences of price intransparency on the consumer decision-making process and to answer whether and to what extent European consumer law addresses these issues. In doing so, this article first reviews research from consumer psychology, marketing, and behavioural law, and economics regarding the influence of presentation, framing, and transparency of price on the consumer decision-making process. Subsequently, it describes and evaluates the legal framework offered by European consumer law and how this framework responds to practices of price intransparency. Particular problematic pricing techniques are identified and discussed. In conclusion, attention is drawn to the disadvantages of the increasing full harmonization character of European consumer law for combating price intransparency at Member State level.     

Consumer Protection Act, 1986: Law and policy in India

India passed its new Consumer Protection Act in 1986. The author points out that the Act is a landmark in the history of the consumer protection movement in India. It concerns mainly the regulation of consumer disputes and creates specific redress agencies at district, state, and Union level. It also contains general provisions for consumer rights and for the organization of the consumer interest.

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Verbraucherschutzgesetz 1986: Recht und Politik in Indien

Zusammenfassung Nach Meinung des Autors handelt es sich bei dem neuen indischen Verbraucherschutzgesetz um einen Meilenstein in der Verbraucherschutzbewegung dieses Landes. Das Gesetz betrifft vor allem die Regelung von Konsumentenstreitigkeiten, für die es eigene Einrichtungen und verfahren auf Distrikt-, Provinz- und Unionsebene schafft. Das Gesetz enthält auch allgemeine Verbraucherrechte und einen organisatorischen Rahmen zur Verbrauchervertretung.

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Rajendra Kumar Nayak is an Associate Research Professor at the Indian Law Institute, Bhagwan Dass Road, New Delhi-110001, India, and Member, Central Consumer Protection Council, Government of India.     

论反垄断法中的消费者福利保护——以知识经济为背景

消费者福利一直是反垄断法保护的对象。在知识经济时代,反垄断法受到了前所未有的挑战,将保护消费者福利明确定位为反垄断法的终极目的与核心价值,有针对性的制定微观制度与政策,是传统反垄断法因应知识经济时代的必然选择。     

Consumer protection in Bangladesh: Law and practice

In the least developed third world countries, the most important consumer right is the right to satisfy basic needs.In this paper, the author describes the legal foundations for consumer protection in Bangladesh, foundations which attach the highest importance to the nutritional state of the people and to measures for protection of consumers from products, processes, and services which are hazardous to their health. Some of the laws are pre-1971, the year of independence of Bangladesh; others have been promulgated in more recent years, though not all of the latter have yet been fully implemented.The author also describes the history of the consumer movement in the country, and in particular the work carried out by the Consumers' Association of Bangladesh. The difficulties that consumer organizations meet in a country such as Bangladesh are multifold. Some of the most formidable problems have to do with the fact that legislation is scattered, that consumers themselves cannot initiate legal action against wrong-doers, and that public officials as well as political leaders are often unapproachable or more interested in caring for the interests of business.

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Verbraucherschutz in Bangladesch: Rechtliche und praktische Situation

Zusammenfassung In den am wenigsten entwickelten Ländern der Dritten Welt ist das wichtigste Verbraucherrecht das Recht auf die Befriedigung der Grundbedürfnisse. Der Autor beschreibt die rechtlichen Grundlagen für Verbraucherschutz in Bangladesch, die der Ernährung der Bevölkerung und Ma\nahmen zum Schutz vor gesundheitsgefährdenden Produkten, Herstellungsverfahren und Dienstleistungen die höchste Bedeutung beimessen. Einige der Gesetze stammen aus der Zeit vor 1971, dem Jahr, in dem Bangladesch die Unabhängigkeit erlangt hat. Andere sind in jüngerer Zeit verkündet worden, wenn auch nicht alle bereits volle Gültigkeit erlangt haben. Der Autor beschreibt darüber hinaus die Geschichte der Verbraucherbewegung in seinem Land und zeichnet insbesondere die Arbeit nach, die von der Verbrauchervereinigung durchgeführt wurde. Die Schwierigkeiten, denen sich Verbraucherorganisationen in einem Land wie Bangladesch gegenübersehen, sind vielfältig. Einige der ernsterzunehmenden Probleme haben es mit der Tatsache zu tun, da\ die Gesetzgebung lückenhaft ist, da\ Konsumenten gegen Fehlverhalten nicht selbst rechtlich vorgehen können und da\ staatliche Stellen und politische Führer oft unerreichbar sind und im übrigen mehr im Interesse der Unternehmen tätig sind.

     

Consumer Choice: A Study of Insurance Buying Intention,Attitudes and Beliefs

This article continues the theme, introduced in a previous article, of testing the validity and relevance of Fishbein's Theory of Reasoned Action to the purchase of life assurance. In this, the second stage, empirical analysis of the data is conducted and its meaning and relevance considered. Conclusions are then drawn as to the dimensions which seem to be important to the purchasing of life assurance.     

Consumer Credit: Changing Patterns in Supply and Demand Variables,and Their Implications

Retail outlets and finance companies were the first businesses to offer consumer installment credit, and for many years they enjoyed a virtual monopoly in that area. This situation has changed. There has been a gradual but continual decrease in their percentage of market share, and a corresponding increase in that held by commercial banks and credit unions. This study seeks to explain this change in market share, to measure the effects of selected supply and demand variables which may have contributed to it, and to assess the potential ramifications for the above lenders and the borrowing public at large.     

Consumer Protection Law in Cuba

Journal of Consumer Policy - The authors address the origins and evolution of consumer law in Cuba and the influence of European Union consumer law on development in Cuba. The transition from the...     

Indian Consumer Attitudes Toward Food Safety: An Exploratory Study

The aim of this research is to segment Indian consumers based on their attitudes toward food safety and to demographically characterize each segment with sound risk communication strategies and outreach program may be developed to target vulnerable groups. This article uses exploratory factor analysis and hierarchical cluster analysis to find the factors that accentuate consumers’ attitude toward food safety and generalizes the heterogeneity of consumer attitudes based on five factors: apprehension, trust, appetence for a high degree of regulation, acknowledgment from foodborne illness, and propensity for the right to purchase foods that are not guaranteed to be safe.     

Insurance Sales Agents and the Internet: The Relationship Between Opinion Leadership,Subjective Knowledge,and Internet Attitudes

The Internet offers a number of opportunities and threats for insurance sales agents. On the one hand, the Internet provides opportunities to communicate with and reach customers. However, it also introduces the risk of losing business to insurance providers or competitors. These opportunities and threats create a need to understand the characteristics that may affect the views of insurance agents regarding the Internet and its impact on their business. This paper compares insurance sales agents' scores on an opinion leadership scale (Flynn, Goldsmith, and Eastman 1996) and subjective knowledge scale (Flynn and Goldsmith 1999) with their attitudes toward the Internet. The results suggest that those insurance sales agents with a higher level of subjective knowledge about the Internet are more likely to be opinion leaders about the Internet. Both opinion leaders and those with higher levels of subjective knowledge have a more positive attitude about the Internet, but only the relationship with opinion leadership is significant. In addition, those insurance sales agents who are younger (than the approximate mean age of 46 years old) are more likely to be opinion leaders and have a higher level of subjective knowledge of the Internet. The results suggest that perceived knowledge and the willingness to discuss the Internet with others impact one's attitude of it, and that the younger insurance agents will play a leading role in how the Internet will be used.     

Influences of Comparative Law in Uruguayan Consumer Protection Law

Journal of Consumer Policy - Uruguay was the last country in MERCOSUR to pass a consumer Protection Law in 2000. The purpose of this article is to analyse the origins and influences of the Law on...     

基于完善我国消费者权益保障制度的思考——兼评《消费者权益保护法》

为更好的保护消费者合法权益,规范市场主体生产经营行为,构建和谐的消费关系,我国消费者权益保障制度应当与时俱进,大胆吸纳公益诉讼制度;进一步优化完善商品召回制度;承认"职业打假人"的法律地位;强化消费者协会的职能;才有助于在全社会营造出商业诚信文化氛围,最终成为扩大内需,拉动经济持续增长的内在动力。     

Consumer Law and Policy in Ghana

This paper presents a picture of the landscape of consumer law and policy in Ghana and reviews the scope of protection of consumer interests with specific regard to product safety and liability, consumer sales, and telecommunication services. It assesses the legislative and policy framework on consumer contracts, product safety, and unfair commercial practices; discusses the role of national agencies in enforcing safety standards; and highlights some critical consumer issues in telecommunications service delivery. The paper examines the regulatory framework on other consumer issues such as advertising, labelling, and marketing of consumer products; terms and conditions of consumer contracts; and after sales services including the enforcement of guarantees, warranties, refund, and return policies. The paper also discusses the extent of external influence on the development of consumer law and policy in Ghana and reviews the level of interaction with other legal systems and supranational bodies in the three focal areas. The contribution also explores areas of Ghana’s consumer protection framework which could benefit from guidance from the EU transnational model on consumer protection and makes recommendations for the enhancement of the emerging legislative and policy regime on consumer protection in Ghana.     

Consumer Law and Policy in Kenya

This contribution seeks to examine the consumer protection law and policy in Kenya with a view to understand how consumer issues, such as product safety and product liability, are addressed as well as the remedies for defective goods. It also seeks to understand the available provisions on the safety standards of consumer products, such as mobile phones, by highlighting the consumer issues that arise for mobile phone users with particular reference to the services provided by mobile network operators (MNOs) – i.e., the financial services and products – and how the consumer protection regime has addressed them. It will conclude by examining how the Kenyan consumer law has manifested itself, either by its influence on other states’ consumer laws and policies or the way(s) in which its own laws have been influenced by foreign and supranational consumer laws. References will be made with regard to the influence by the European Commission (EC) Product Safety Directive, the EC Product Liability Directive, the EC Consumer Sales Directive and the EC Unfair Commercial Practices Directive. Furthermore, this contribution will highlight the challenges encountered with respect to the achievement of a consumer protection regime in Kenya, as a result of the fragmentation of the law and policies.     

Feeding Fido: Changing Consumer Food Preferences Bring Pets to the Table

Consumers increasingly demand premium foods that satisfy particular lifestyle requirements. Simultaneously, premium pet foods lead the $18 billion U.S. pet food market. Using a Heckman two-stage decision model, we investigate the relationship between consumers’ food choices for themselves and food choices for their pets. Premium human food consumers with higher education and incomes are more likely to purchase premium pet food. This study also reveals a surprising age cohort effect: younger consumers are more likely to purchase premium pet food, despite budget constraints. The findings have implications for pet food marketing strategies. They also suggest an expected increase in demand for pet food ingredient transparency and pet food safety policy.