Private International Consumer Law in MERCOSUR: The Influence of European Regulations on Its Creation

IF 1.4 Q3 BUSINESS

JOURNAL OF CONSUMER POLICY Pub Date : 2022-02-19 DOI:10.1007/s10603-022-09504-9

L. Klein Vieira

引用次数: 0

Abstract

This article aims to analyse whether the MERCOSUR rules that comprise Private International Consumer Law, in terms of definition, international jurisdiction, and applicable law, were influenced by existing regulations in the European Union, especially the Rome Convention of 1980 and the Brussels Convention of 1968, later transformed into European Union regulations. To do so, the article examines the Law of MERCOSUR, so that, through descriptive and comparative normative methods, it is possible to highlight to what extent the law produced in MERCOSUR gathers the solutions of European norms and with respect to what aspects it has departed from them, perhaps offering greater protection to cross–border consumers.

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南方共同市场的国际消费者私法:欧洲法规对其形成的影响

本文旨在分析构成国际消费者私法的南方共同市场规则，在定义、国际管辖权和适用法律方面，是否受到欧盟现有法规的影响，特别是1980年的罗马公约和1968年的布鲁塞尔公约，后来转化为欧盟法规。为此，本文审查了南方共同市场的法律，以便通过描述性和比较规范性方法，有可能强调南方共同市场制定的法律在多大程度上收集了欧洲规范的解决方案，以及在哪些方面偏离了欧洲规范，也许为跨境消费者提供了更大的保护。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

JOURNAL OF CONSUMER POLICY BUSINESS-

CiteScore

5.00

自引率

8.70%

发文量

期刊介绍： The Journal of Consumer Policy is a refereed, international journal which encompasses a broad range of issues concerned with consumer affairs. It looks at the consumer''s dependence on existing social and economic structures, helps to define the consumer''s interest, and discusses the ways in which consumer welfare can be fostered - or restrained - through actions and policies of consumers, industry, organizations, government, educational institutions, and the mass media. The Journal of Consumer Policy publishes theoretical and empirical research on consumer and producer conduct, emphasizing the implications for consumers and increasing communication between the parties in the marketplace. Articles cover consumer issues in law, economics, and behavioural sciences. Current areas of topical interest include the impact of new information technologies, the economics of information, the consequences of regulation or deregulation of markets, problems related to an increasing internationalization of trade and marketing practices, consumers in less affluent societies, the efficacy of economic cooperation, consumers and the environment, problems with products and services provided by the public sector, the setting of priorities by consumer organizations and agencies, gender issues, product safety and product liability, and the interaction between consumption and associated forms of behaviour such as work and leisure. The Journal of Consumer Policy reports regularly on developments in legal policy with a bearing on consumer issues. It covers the integration of consumer law in the European Union and other transnational communities and analyzes trends in the application and implementation of consumer legislation through administrative agencies, courts, trade associations, and consumer organizations. It also considers the impact of consumer legislation on the supply side and discusses comparative legal approaches to issues of cons umer policy in different parts of the world. The Journal of Consumer Policy informs readers about a broad array of consumer policy issues by publishing regularly both extended book reviews and brief, non-evaluative book notes on new publications in the field. Officially cited as: J Consum Policy