Ius comparatum : global studies in comparative law ;
Volume Designation
v. 27
INTERNAL BIBLIOGRAPHIES/INDEXES NOTE
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Includes bibliographical references and index.
CONTENTS NOTE
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Intro; Contents; Part I: General Report; Enforcement and Effectiveness of Consumer Law; 1 The Broader Window; 2 The General Report; 3 Common Themes; 4 The General Design of the Enforcement Mechanism; 4.1 Enforcement by Administrative Authorities; 4.1.1 The Independence or Autonomy of the Administrative Agency Within Government; 4.1.2 The Nature and Scope of Its Enforcement Powers; 4.1.3 The Extent to Which It Provides Dispute Resolution Services to Individual Consumers; 4.2 Enforcement by Courts; 4.3 Enforcement by Alternative Mechanisms for Resolution of Consumer Disputes
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2.4 A Consumers ́Viewpoint2.5 Specific Sectors That Have Their Own Enforcement Mechanisms; 3 Enforcement of Consumer Law Before the Judicial Courts; 3.1 Consumer Disputes; 3.2 Main Shortcomings of the Judicial Enforcement of Consumer Rights in Argentina; 4 Specialised Agencies and the Enforcement of Consumer Law; 4.1 Administrative Proceedings; 4.2 Outcomes of the Administrative Proceedings; 5 Consumer Organisations and Enforcement of Consumer Law; 5.1 Anatomy of the Consumers ́Associations; 5.2 The Role of Consumers ́Associations
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3 The General Design of the Enforcement Mechanism4 Number and Characteristics of Consumer Complaints and Disputes; 5 Courts and the Enforcement of Consumer Law; 6 Specialised Agencies and the Enforcement of Consumer Law; 7 The Role of Consumer Organisations in Enforcement of Consumer Law; 8 Private Regulation and Enforcement of Consumer Law; 9 Enforcement Through Collective Redress; 10 Sanctions for Breach of Consumer Law; 11 Alternative Mechanisms for the Resolution of Consumer Disputes; 12 External Relations and Cooperation of the State, Enforcers and Consumer Organisations
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5 Consumer Organizations and Enforcement of Consumer Law6 Private Regulation; 7 External Relations; 8 Self-Assessment of Effectiveness; 9 Lessons to Be Learned; Appendix 1: List of Rapporteurs; Appendix 2: Questionnaire; References; Part II: National Reports; Argentina: Enforcement and Effectiveness of Consumer Law; 1 Introduction; 1.1 Physical and Political Environment; 1.2 Relevant Sources for Consumer Protection; 1.3 Present and Future, in the Light of a Young Tradition; 1.4 French or Spanish Influence?; 2 Administrative Enforcement Mechanism; 2.1 Overview; 2.2 Federalism; 2.3 Powers
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6 An Ordre Public Law and Its Private Regulation and Enforcement6.1 Ethical Standards; 6.2 Construing Law 24.240 in the Light of Other Laws; 6.3 Law 24.240 and the New Civil and Commercial Code; 7 Enforcement Through Collective Redress; 8 Sanctions for Breach of Consumer Law; 9 ADR and Consumer Disputes; 10 External Relations and Cooperation of the State, Enforcers and Consumer Organisations; 11 Concluding Remarks; References; Enforcement and Effectiveness of Consumer Law in Australia; 1 Introduction; 2 National Legal Framework for Consumer Protection
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SUMMARY OR ABSTRACT
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The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.