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UM E-Theses Collection (澳門大學電子學位論文庫)

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Title

Legal issues of cross-border consumer contracts : a comparative study between European Union and People's Republic of China

English Abstract

Consumers are main drivers of economy. The background of this thesis is the rapid development of cross-border business-to-consumer transactions and the electronic commerce. In this context, the EU has established a comprehensive legal framework to protect cross-border consumers from the perspectives of both substantive laws and procedural laws, it has made great endeavors to harmonize the European private international law for the purpose of resolving the conflicts of jurisdictions and applicable laws in cross-border consumer contractual disputes within the territory of the EU; while the current PRC’s legal framework of consumer protection provides insufficient protection for cross-border consumers, the legal loopholes and the institutional defects make the level of Chinese consumer protection much lower than that of European consumer protection. This thesis will mainly tackle the jurisdiction and applicable law issues arising out of cross-border consumer contracts, it will does neither touch upon the substantive law issues of cross-border consumer contracts nor its dispute resolution mechanism. Through the comparison between the EU’s practice and the PRC’s practice in dealing with the private legal issues arising out of cross-border consumer contracts, and making an assessment on both of them to analyze their merits and drawbacks respectively, this thesis indicates the necessity to draw lessons from the EU to construct a harmonized legal framework to regulate cross-border consumer contracts in private international law for PRC and better protect consumers in cross-border transactions, and thus makes some reasonable suggestions for PRC’s future consumer-related legislation.

Issue date

2013

Author

Chai, Zhen Jiao

Faculty

Faculty of Law

Degree

LL.M.

Subject

Consumer protection -- Law and legislation -- European Union countries

Conflict of laws -- Consumer protection -- European Union countries

Contracts -- European Union countries

Consumer protection -- Law and legislation -- China

Conflict of laws -- Consumer protection -- China

Contracts -- China

Supervisor

涂廣建

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Location
1/F Zone C
Library URL
991004875299706306