This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.

The EU has been active in attempting to harmonize the laws of product liability and sale of goods to consumers, with the aim of promoting fair competition, developing the internal market, and protecting consumers. But how do the resulting laws relate to existing national laws of liability and compensation? Is the resulting harmonization genuine or merely formal? Has implementation of the EC directives changed the law, but left claimants and defendants as differently treated as ever in different Member States? This comparative study considers the French and English laws governing all those who may be liable for products: their producers, their suppliers, their users and their regulators. To do so, it examines in each system the private law of tort and contract and aspects of the civil process which are important in determining liability; the administrative law concerning failures to regulate or control product safety; and the liability for products of suppliers of public services, such as water or healthcare. It considers how the substantive criminal offences affecting product safety, whether particular to products or under more general law, relate to civil liability or to compensation. The emerging picture reveals two complex and significantly different patterns of liability for products in the English and French systems, cutting across the traditional boundaries of private law, public law and criminal law. Implementation of the Product Liability Directive and Consumer Guarantees Directive required the insertion into these patterns of new elements, disharmonious with existing wider legal strategies and techniques. This study considers various problems of these directives' implementation in the French and English systems, the main issues of their proper interpretation, and the relationship of the new laws which they create with existing bases of liability. It explains the different significances given to 'fault,' 'negligence' and 'defect' (whether of safety or of contractual conformity); the relationship between judicial institutions and legal procedures in the determination of substantive legal issues; and the different relationships in the two laws studied between public and private, civil and criminal law. It concludes by offering wider comments on legal harmonisation based on the French and English experience in relation to these two directives.

In recent years, policy makers at various levels have discovered the concept of a circular economy and as a result, are increasingly proposing strategies and legal instruments to support the transition from a linear economy towards a more circular economy.This book explores the concept of a circular economy from both a legal and an interdisciplinary perspective. It provides an in-depth analysis of the initiatives taken at EU level and in several EU Member States (including Belgium, France, Germany, the Netherlands, Spain, Slovenia and the Scandinavian countries), both with regard to movables and immovables and in the various stages of the value chain.Consumer Protection in a Circular Economy provides the reader with an examination of the most pressing issues in consumer protection today.

The last couple of years have witnessed an unprecedented battle within Europe between values and pragmatism, and between states' interests and individuals' rights. This book examines humanitarian considerations and immigration control from two perspectives; one broader and more philosophical, the other more practical. The impetus to show compassion for certain categories of persons with vulnerabilities can depend on religious, philosophical and political thought. Manifestation of this compassion can vary from the notion of a charitable act to aid 'the wretched' in their home country, to humanitarian assistance for the 'distant needy' in foreign lands and, finally, to immigration policies deciding who to admit or expel from the country. The domestic practice of humanitarian protection has increasingly drawn in transnational law through the expansion of the EU acquis on asylum, and the interpretation of the European Court of Human Rights.

The Active Role of Courts in Consumer Litigation traces the emergence of a specific EU Law doctrine governing the role of the national courts in proceedings involving consumers that whilst only established more recently, has already become an important benchmark for effective consumer protection.According to the 'active consumer court' doctrine, developed in the case-law of the CJEU, national courts are required to raise, of their own motion, mandatory rules of EU consumer contract law, notably those protecting consumers from the use of unfair terms. This results in the strengthening of procedural consumer protection standards in ordinary proceedings but also in payment order proceedings, consumer insolvency proceedings or repossession proceedings directed against the primary family residence of the mortgage debtor.The considerations of contractual imbalance will now have to be taken into account in court proceedings leading, where necessary, to the reform of national procedural safeguards to protect the weaker contractual party.

An authoritative and comprehensive legal text on all aspects of age restricted goods and services in England and Wales. Now in its third edition, the book covers all of the latest changes to age restrictions, including offensive weapons, cosmetic fillers and unmanned drones. It also has a new chapter exploring the emerging standards and laws for online safety and age assurance. The book cross references all relevant case law, official guidance and legislation with a guide as to relevant factors for law enforcement officers to consider. It is an essential text for anyone engaged in under age sales enforcement or corporate compliance departments focussed on avoiding under age sales. The book is set out by reference to the broad categories of age restriction and separate chapters on establishing a 'due diligence' defence and the powers and duties of law enforcement officers. Age Restricted Sales is the only comprehensive and authoritative legal text on the subject and will be an essential book for trading standards officers, licensing officers, police licensing officers, solicitors, barristers, corporate compliance departments, community safety officers.

This book examines the legal nature and requirements of compliance in letter of credit transactions in Anglo-American jurisdictions, as well as the associated contract choice of law issues. It gives an authoritative exposition of the mechanics of the law on the problem of compliance in the field, and is the first to afford a comprehensive, highly analytical critique of the topic from the point of view of modern international banking practice. In a user-friendly style, it provides an in-depth elucidation of the context of the key roles of individual parties during the course of the transactions, aiding a thorough understanding of the legal problems covered. Structured in four parts, it covers the opening of a complying letter of credit; the regularity of performance under a properly opened letter of credit; ways in which an unreimbursed bank may recover money it mistakenly paid against a faulty presentation; and the conflict of laws problems involved in the context of a beneficiary claiming entitlement to the sum on the credit against an allegedly complying tender of documents. In the conflict of laws section substantial attention is given to the many difficult hurdles that the potential claimant often confronts, and explores the various methods and techniques available. An important aspect of the analysis in this part is ascertainment of the legal system which the courts at common law and under Rome I Regulation would apply to resolve a claim.

This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the 'observability' and reduce the costs of verifying contractual obligations and performance. It also outlines various 'design patterns' that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements. Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skills required. The case for using smart contracts goes beyond 'contracts' narrowly defined, and they are increasingly used to disrupt traditional models of business organisation. The book discusses so-called decentralised autonomous organisations and decentralised finance as illustrations of this trend. This book is designed for those interested in looking to deepen their understanding of this game-changing new legal technology.

The book is a novelty. For the first time the fundamentals of the performance activities of the German Society for Musical Performing Rights and Mechanical Reproduction Rights (GEMA) will be comprehensively presented, expertly explained and scientifically fathomed. In addition to the historical and legal basics, this especially concerns the presentation and elucidation of GEMA's "internal rules": The statutes, authorisation agreement and the plan of distribution. An overview concerning the practice of licensing will also be provided. Such a presentation has long since been a sought-after reference factor of practice and science. The reference work should provide those individuals entitled as well as users, supervisory authorities and courts - but also scholars - reliable information concerning the performance activity, and thus contribute to transparency.

Over the last decade, the EU has become a major actor in the field of risk regulation in crucial areas such as environmental and consumer protection. This book analyzes the reasons which have prompted this development, and discusses the ways in which the EU's structures and modes of market governance have changed and attempted to respond to such challenges.

Providing public access to educational material from schools and universities, research and teaching is viewed politically as a means of survival for industrialized countries that have few natural resources, like Germany. The author examined the conditions that provide for success in research and teaching by means of a legal comparison of the copyright laws in Germany and Sweden.

New rules on distance contracts provided for the Consumer Rights Directive of 25 October 2011 do not apply to package holidays or contracts falling within the scope of the Timeshare Directive. Moreover, contracts for passenger transport services and contracts for the provision of accommodation, car rental, catering or leisure services if the contract provides for a specific date or period of performance are not covered by some of these rules. Yet measures aimed at protecting the consumer when a contract is concluded via the phone, the Internet, by mail or other means of distance communication play a role in tourism. This book helps readers to navigate through uncertainties in travel contracts regarding information requirements, the right of withdrawal or providing alternative services. Findings reveal that consumer acquis is inadequately adapted to the features of the tourism industry when an optional instrument based on the Draft Common Frame of Reference might be used in the future.

Consulting Editor: Shalom Lerner. This volume contains the text of the papers and principal commentaries delivered at the 8th Biennial Conference of the IACCL held at Bar Ilan University in August 1996. The papers include original and practical papers on banking law, secured financing, securities regulation, the international sale of goods, competition law, electronic fund transfers, transnational commercial law, commercial law in Central and Eastern Europe, international demand guarantees, the UNIDROIT principles of international commercial law, company charges, consumer bankruptcies, European consumer rights, products liability, and international commercial arbitration. Contributors: James E. Byrne, R.C.C. Cuming, S.K. Date-Bah, Louis F. del Duca and Patrick del Duca, Anthony J. Duggan, Raul Etcheverry, Benjamin Geva, Roy Goode, Laureano F. Gutierrez-Falla, Attila Harmathy, Rafael Illescas-Ortiz, Donald B. King, Shalom Lerner, Ricardo Sandoval Lopez, Patrick Osode, Uriel Procaccia, Arcelia Quintana-Adriano, Jerzy Rajski, Arie Reich, Norbert Reich, Harry C. Sigman, Catherine Walsh, Jacob S. Ziegel.

In this volume, the basic principles of the administrative functions carried out by the Society for Performing and Mechanical Reproduction Rights (GEMA) are presented comprehensively and academically explained. This work is primarily focused on presenting and explaining the GEMAa (TM)s a oeinternal regulationsa: the statutes, the deed of assignment, and the distribution plan. Additionally, an overview is presented on the day to day practice of licensing the rights. The main focus of this presentation is the commentary section. The commentary presents in detail and academically considers the statutes as the basis of the organization, the deed of assignment as the foundation of the assignment of rights, and the distribution plan. The new edition brings this work up to date. The copyright law reform (a oeZweite Korba ) is taken into consideration as well as the latest judicature and the newest amendments to the GEMA's deed of assignment and distribution plan.

The progressive economics writer redefines the national conversation about American freedom "Mike Konczal [is] one of our most powerful advocates of financial reform' [a] heroic critic of austerity' and a huge resource for progressives."-Paul Krugman Health insurance, student loan debt, retirement security, child care, work-life balance, access to home ownership-these are the issues driving America's current political debates. And they are all linked, as this brilliant and timely book reveals, by a single question: should we allow the free market to determine our lives? In the tradition of Naomi Klein's The Shock Doctrine, noted economic commentator Mike Konczal answers this question with a resounding no. Freedom from the Market blends passionate political argument and a bold new take on American history to reveal that, from the earliest days of the republic, Americans have defined freedom as what we keep free from the control of the market. With chapters on the history of the Homestead Act and land ownership, the eight-hour work day and free time, social insurance and Social Security, World War II day cares, Medicare and desegregation, free public colleges, intellectual property, and the public corporation, Konczal shows how citizens have fought to ensure that everyone has access to the conditions that make us free. At a time when millions of Americans-and more and more politicians-are questioning the unregulated free market, Freedom from the Market offers a new narrative, and new intellectual ammunition, for the fight that lies ahead.

The 50-year anniversary of the German collecting society for performing artists, record producers and organizers, the "German Collecting Society for Performance Rights (GVL)," was marked by a symposium sponsored by the Institute for the Legal Protection of Industrial Property and Copyright, Humboldt-University of Berlin, in the fall of 2009. The now published and revised contributions to the symposium address a variety of topics including a historical review of the GVL, a critical analysis of German collecting societies' situation in light of European competition as well as the expectations of performance artists, record producers and users with regard to the GVL.

This conference volume on the German-Japanese colloquium a oeTransformations or Erosion of Private Autonomy?a carries the debate on the subject into the area of contract law that is central to economic life.

This conference volume contains lectures, texts and reports on the conference a oeResearch and teaching in the information age - between freedom of access and the incentive to privatisea of the Institute for Media Law and Communication Law and the Modern History Department of the University of Cologne on 21 April 2006 in Cologne.

Coalitions of consumer groups, NGOs, and trade unions have traditionally been considered politically weak compared to well-organized and resourceful financial sector groups which dominate or "capture" financial regulatory decisions. However, following the 2008 financial crisis, civil society groups have been seen to exert much more influence, with politicians successfully implementing financial reform in spite of industry opposition. Drawing on literature from social movement research and regulatory politics, this book shows how diffuse interests were represented in financial regulatory overhauls in both the United States (US) and the European Union (EU). Four cases of reform in the post-crisis regulatory context are analyzed: the creation of a new Consumer Financial Protection Bureau in the US; the introduction of new consumer protection regulations through EU directives; the failure of attempts to introduce a financial transaction tax in the US; and the agreement of 11 EU member states to introduce such a tax. It shows how building coalitions with important elite allies outside and inside government helped traditionally weak interest groups transcend a lack of material resources to influence and shape regulatory policy. By engaging with a less well-known side of the debate, it explains how business power was curbed and diverse interests translated into financial regulatory policy.

Inspired by the Consumer Credit Act 2006, this detailed work offers practical guidance on the legislation. The scope and impact of the regulation is undergoing fundamental change; for example, financial limits on regulation are being partially removed, the OFT are given the power to fine licensees, an Ombudsman scheme is being introduced and agreements can be reopened where the relationship arising is held to be unfair. This book addresses topics of practical concern and examines the areas most relevant to practitioners drafting, securitising or seeking to defend claims under credit or hire agreements. In particular, the book focuses on the outstanding problems and issues arising from the application of the Consumer Credit Act. In-depth commentary is provided by an expert author team who have appeared in many recent cases where enforceability of rights under credit and hire agreements has been in issue.

This report presents and analyses the legal instruments established for the protection of intellectual property in the shipbuilding industry which could be applied to ship design - the aesthetic side of shipbuilding. To what extent the vessel as a whole or its individual parts can be tangibly protected by copyrights and/or design patents is taken into consideration. Safeguards by means of contractual clauses are of significant importance as well (confidentiality agreements, contractual safeguard clauses for the security of "design rights," etc.). The issue of how this protection is legally and contractually constructed or rather, how it can be constructed, is the main focus of this examination.

The necessary story of how the Consumer Financial Protection Bureau became a powerful force for good in the lives of everyday Americans after the 2008 financial crash. Every day across America, consumers face issues with credit cards, mortgages, car loans, and student loans. When they are cheated or mistreated, all too often they hit a brick wall when they challenge the financial companies. People are fed up, but few have the resources or expertise to fight back on their own. Growing problems in the increasingly one-sided finance markets blew up the economy in 2008. In the aftermath, Congress created the Consumer Financial Protection Bureau. In Watchdog, former CFPB Director Richard Cordray shows how the Bureau quickly became a powerful force for good, suing big banks for cheating or deceiving consumers, putting limits on predatory lenders, simplifying mortgage paperwork, and stepping in to help solve problems raised by individual consumers. Along with providing a powerful explanation of how the financial industry became so dominant in American life, Watchdog tells a hopeful story of how our system can be reformed by putting government back on the side of the people, to strengthen our families, safeguard the marketplace, and establish a new baseline of fairness in our democratic society.

The significance of 32 b UrhG German Copyright Law] is especially apparent in relation to the USA. This is because the majority of international copyright licenses regulated by 32 b UrhG take place between contractual parties in Germany and the USA. The present work investigates the factual and legal conditions under which 32 b UrhG is effective in Germany and in the USA."

This work was published to commemorate the 50th anniversary of the VG WORT. It begins with an introduction to the collecting society's development and goes on to describe the collecting society's history from 1958 to 2008. Intrinsically tied to the history of VG WORT are the various intellectual property rights. This work reflects on future prospects in the face of the rapid development of technical advancements and the difficulties in exercising copyright laws in the digital and multimedia age.

The Banking Law Day 2005 was devoted to the discussion of consumer credit for real estate assets subsequent to the Heininger jurisdiction of the European Court of Justice and the area of conflict centred on claim transfers, bank confidentiality and data protection. Experts from academia, real life andthe judiciary discussed these subjects under the chairmanship of Wolfgang Gossmann and Gerhart Kreft."