Do Consumers and Businesses Need a New Architecture of Consumer Law? A thought-provoking impulse
Title: Do Consumers and Businesses Need a New Architecture of Consumer Law? A thought-provoking impulse
Author: MICKLITZ, Hans-Wolfgang
Series/Number: EUI LAW; 2012/23
The paper is a translation of the Gutachten prepared for the 69. Deutschen Juristentag to be held in September 2012. It pleads for a separate consumer law code outside private law codifications. The benchmarks are: rethinking the concept of the consumer (the vulnerable consumer and the consumer/customer), focussing beyond traditional consumer law on internet sales and on consumer services (telecom, energy, transport, financial services), integrating and developing a consistent approach to consumer law enforcement via individual and collective action, via ADR, courts and administrative bodies. The solution is seen in a movable system (bewegliches System) that allows for connecting substantive rights and remedies to the different concepts of consumers, vulnerable, confident and responsible.
Subject: Consumer protection; European consumer law; the notion of the consumer; internet sales; services; enforcement; remedies; ADR and ODR; collective remedies; role of regulatory agencies
The WP revised version, language corrections, available online on 9 October 2012.
Type of Access: openAccess
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