Apports du droit de la consommation dans le droit économique contemporain: variations
Éric Balate
Revue internationale de droit économique, 2002, vol. t. XVI, 1, issue 1, 141-151
Abstract:
On the subject « variations around consumer law», the question which is composed is intended to overtake the a little Manichean analysis of the right of the consumption, made sometimes by the jurists close to theses of the producers or the distributors, sometimes by the jurists close to those of the consumers. Briefly having reminded some principles of community law which were at the origin of consumer law, the note is interested in the last document of the Commission tending to propose a regulation in the field of the commercial promotions. It is not so much the solutions which are examined by the Commission which are analysed but indeed the way the Commission argues to support its project. The movement of the rule in its elaboration towards the expert as a guardian of validity of the text, is criticized. The democratic deficit is underlined there. In terms of conclusions, a more narrow stake in connection with the facts, of consumer law is suggested.
Date: 2002
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