Private Law Theory

Abstract:

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.

MICKLITZ, Hans-Wolfgang, Do Consumers and Businesses Need a New Architecture of Consumer Law? EUI Working Paper LAW 2012/23. ISSN 1725-6739.

First posted 2012-08-04 08:35:30