Supporting Environmentally Conscious Consumer Sales Law by Life-cycle Thinking

IF 2.4 Q2 ECONOMICS

Contemporary Economics Pub Date : 2023-06-30 DOI:10.5709/ce.1897-9254.505

K. Klimkiewicz, A. Dubel, Katarzyna Południak-Gierz

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Abstract

The circular economy is a core approach driving innovative economic solutions. Although the legal system should support the development of such an economy, scientific methods to assess the environmental impact of legal rules are lacking. Legislators and scholars have highlighted consumer law as an area requiring ecologically efficient solutions. This research aims to design a method to calculate environmental costs related to the exercise of remedies for nonconforming goods under a consumer sales contract. Various environmental impact assessment approaches are reviewed to identify those which can be used when designing a method for calculating the environmental impact of legislative provisions. The Life Cycle Thinking is applied and the Life Cycle Assessment method is chosen and used to compare different remedy-scenarios, that is, when the consumer chooses repair, replacement, price reduction or termination. A formula is devised to determine which remedies should be prioritized and whether it is possible to design an eco-friendly hierarchy of remedies in consumer sales law. Though it proved impossible to design a rigid hierarchy of remedies, which would be optimal in every scenario from the perspective of environmental costs generated as a result of the consumer exercising the rights for non-conforming goods, the environmental costs of exercising each of the rights under the remedies available to the consumer can be assessed not only in concreto but also in abstracto allowing for formulation of specific recommendations for legislator.

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以生命周期思维支持环保消费者销售法

循环经济是推动创新经济解决方案的核心途径。虽然法律制度应该支持这种经济的发展，但缺乏评估法律规则对环境影响的科学方法。立法者和学者强调消费者法是一个需要生态高效解决方案的领域。本研究旨在设计一种方法来计算与消费者销售合同下不合格货物的补救措施有关的环境成本。本文审查了各种环境影响评估方法，以确定在设计计算立法规定的环境影响的方法时可以使用的方法。应用生命周期思维，选择生命周期评估方法，比较不同的补救方案，即当消费者选择修理、更换、降价或终止时。设计了一个公式来确定哪些补救措施应该优先考虑，以及是否有可能在消费者销售法中设计一个生态友好的补救措施等级。虽然从消费者对不符合规定的商品行使权利所产生的环境成本的角度来看，不可能设计出一种严格的补救等级制度，这在每一种情况下都是最理想的，但根据消费者现有的补救办法，行使每一项权利的环境成本不仅可以具体地评估，而且可以抽象地评估，以便为立法者提出具体建议。

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

Contemporary Economics ECONOMICS-

CiteScore

3.70

自引率

9.50%

发文量

审稿时长

24 weeks

期刊介绍： The mission of the Contemporary Economics is to publish advanced theoretical and empirical research in economics, finance, accounting and management with the noticeable contribution and impact to the development of those disciplines and preferably with practice relevancies. All entirety of methods is desirable, including a falsification of conventional understanding, theory building through inductive or qualitative research, first empirical testing of a theory, meta-analysis with theoretical implications, constructive replication that clarifies the boundaries or range of a theory for theoretical research as well as qualitative, quantitative, field, laboratory, meta-analytic, and combination for an empirical research. This clear priority for comprehensive manuscripts containing a methodology-based theoretical and empirical research with implications and recommendations for policymaking does not exclude manuscripts entirely focused on theory or methodology. Manuscripts that raise significant, actual topics of international relevance will be highly appreciated. The interdisciplinary approach including – besides economic, financial, accounting or managerial –also other aspects, is welcomed.