The Basic Approaches to Consumer Protection According to Various Families of Law / მომხმარებელთა უფლებების დაცვის საბაზისო მიდგომები სამართლის ოჯახების მიხედვით

Anna Maisuradze

Abstract


Private autonomy, freedom of contractual relationships, and the equality of participants are the basic principles of private law. Along with the development of an economic market, the need to protect the consumer as a“weak party” has increased. Very often costumers enter into a contract without considering the subject of the agreement or acquainting with another party. Moreover, consumers often receive contractual offers in unexpected environments. Thus are neither prepared nor ready to conclude an agreement immediately. Sellers often use pre-formatted terms and application without giving any additional warnings or explanations. Therefore, legal consequences of such contractual relationships are uncertain, unpredictable, and unexpected for consumers. Unlike entrepreneurs, consumers usually do not have the specific knowledge and experience that can be a prerequisite for concluding a reasonable and profitable agreement.
The protection of consumers rights is a matter of international importance, as the internationalization of national markets increases the likelihood of contractual relations between costumers and entrepreneurs from different countries. Thus, not only domestic legislation of specific countries but also the consumer protection standards presented within the distinct families of law, are of great interest. This article discusses the reasons of consumer protection necessities, the origins of consumer rights and its historical development. It also presents the basic aspects of consumer rights protection according to EU legislation. Specifically, vital principles of consumer protection and the content of consumer protection rights. In addition, by discussing the United States and the People’s Republic of China, the article presents a comparative analysis of consumer protection approaches in different families of law.

Keywords


Consumer, European Union, China

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