Consumer Bankruptcy: A Right or a Privilege? The Role of the Courts in Establishing Moral Standards of Economic Conduct

The Norwegian Consumer Bankruptcy Act was passed 17 July 1992 to give persons with "serious debt problems (. . .) the possibility to gain control over their economy." The Act contains provisions for negotiations between the debtor and the creditors, for court rulings on repayment plans, and for a discharge of the debts not covered by the plan. The origin of the Act was a social welfare approach to the problem of overindebtedness. However, the Act embodies an inherent contradiction in that it also includes moral elements in order to prevent it from exerting a negative influence on the perceived obligation to pay one's debts. This contradiction has given the courts a wide scope of discretion in the application of the Act. As a result, cases are treated differently in different jurisdictions. Some judges put more emphasis on moral evaluations than others. This situation also gives room for strategic action from creditor groups who typically are repeat players in cases of consumer bankruptcy. In this way the more objective, social welfare approach of the Act is undermined.     

Interest rate model comparisons for participating products under Solvency II

Under the Solvency II regulatory framework it is essential for life insurers to have an adequate interest rate model. In this paper, we investigate whether the choice of the interest rate model has an impact on the valuation of the best estimate of the liabilities. We use three well-known interest rate models; the CIR++-model, the G2++-model and the Libor Market model. Our numerical results show that for low to medium durations of the liabilities and a relatively low proportion of credit bonds in the asset portfolio, the three interest rate models produce quite similar values for the best estimate liabilities. However, for large durations of the liabilities, or a large bond proportion, or both, the differences can be quite large. There is no easy answer to the question of which model should be used in cases where the choice of interest rate model has a significant impact. Based on the study described in this paper, our advice is to use the G2++-model, which seems to represent an appropriate trade-off between accuracy and complexity.     

Imitation,Contagion, or Exertion? Using a Tax Reform to Reveal How Colleagues' Sick Leaves Influence Worker Behaviour

We analyse the social interaction effects in sick‐leave behaviour in the workplace, using high‐quality Norwegian matched employer–employee data with detailed individual information on sick leaves during the 2004–2006 period. We find that social interaction effects in sick‐leave behaviour in the workplace do exist, and that the effects are noticeable in size. The strong relationship between the sick‐leave rates among colleagues is not solely the result of contagious diseases, nor is it caused by improved informational quality or by the increased workload for the non‐absent workers. Evidence supports the existence of reciprocal worker behaviour that is unrelated to joint leisure‐seeking activities.     

Modelling and predicting customer churn from an insurance company

Within a company's customer relationship management strategy, finding the customers most likely to leave is a central aspect. We present a dynamic modelling approach for predicting individual customers’ risk of leaving an insurance company. A logistic longitudinal regression model that incorporates time-dynamic explanatory variables and interactions is fitted to the data. As an intermediate step in the modelling procedure, we apply generalised additive models to identify non-linear relationships between the logit and the explanatory variables. Both out-of-sample and out-of-time prediction indicate that the model performs well in terms of identifying customers likely to leave the company each month. Our approach is general and may be applied to other industries as well.     

Tears and Framing Contests: Public Organizations Countering Critical and Emotional Stories

The reputation and legitimacy of public organizations can be threatened by emotional news stories depicting a faceless bureaucratic power apparatus that is blind to how their decisions affect humans negatively. This qualitative study focuses on the strategies of the Norwegian immigration authorities as they handle emotional accounts of family reunion cases. The analysis first reconstructs what is called a Man Against the System-frame, and then moves on to investigate the competing frame that the authorities construct and the strategies used to promote this frame. The article sheds new light on the concept of framing contests by analyzing the possibilities and constraints of public organizations when they construct and use a frame.     

The internal market and consumer protection in Norway

The article gives an overview of amendments and considerations concerning amendments, with regard to the implementation of EC law in Norwegian consumer law. A distinction is made between the EC harmonized and the non-harmonized areas. With regard to the harmonized areas, it is pointed out that the Norwegian legislation in general has wider fields of application and is of a less detailed nature than the current EC directives. Hence, the Marketing Act from 1972 covers several directives and draft directives. In general Norwegian consumer law to a large extent is in harmony with EC consumer law, that is as long as the latter is of a minimum nature. Concerning the non-harmonized areas, Norwegian consumer law is considered acceptable to the EC, provided it does not discriminate between national and foreign businesses, and there is proportionality between the instruments and the aims.

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Gemeinsamer Markt und norwegischer Verbraucherschutz

Zusammenfassung Der Beitrag gibt einen überblick über die tatsächlichen und vorgesehenen Ergänzungen, die durch das neue EG-Recht am norwegischen Verbraucherrecht notwendig sind. Dabei wird ein Unterschied gemacht zwischen harmonisierten und nichtharmonisierten Bereichen. Was harmonisierte Bereiche anlangt, so wird ausgeführt, da\ die norwegische Gesetzgebung im allgemeinen einen weiteren Anwendungsbereich hat und gleichzeitig weniger detailliert ist als die neuen EG-Richtlinien. So deckt das Handelsgesetz von 1972 mehrere Richtlinien und Richtlinien-Entwürfe ab. Insgesamt ist das norwegische Recht weitgehend im Einklang mit dem EG-Verbraucherrecht. In nichtharmonisierten Bereichen ist das norwegische Recht insoweit mit EG-Recht vereinbar, als es nicht zwischen einheimischen und ausländischen Marktteilnehmern unterscheidet und die Verhältnismä\igkeit der Mittel gewahrt ist.

     

A study of the Consumer Ombudsman institution in Norway with some references to the other Nordic countries I: Background and description

In the seventies, the Consumer Ombudsman (CO) institution was established in the four Nordic countries Denmark, Finland, Norway, and Sweden. The CO is a supervisory body with the task of controlling that marketing methods used by business when selling goods and providing services are in conformity with the legislation. This article supplies information about the legislation and the role played by the CO in the supervisory system. It deals primarily with the Norwegian situation but makes references to the situation in the three other countries as well. It is pointed out that the most important difference between the old legislation on improper competition and the present Marketing Control Act is the establishment of new enforcement mechanisms. The contents of the legislation have not undergone any dramatic changes. In a companion article to follow in a later issue of JCP, an attempt is made to evaluate the work of the Norwegian CO and the Market Council. The position of business is described, and some present deregulation considerations are discussed.