181 research outputs found

    Harmonizing Unfair Commercial Practices Law: The Cultural and Social Dimensions

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    This article discusses, in light of the European experience concerning harmonization of unfair commercial practices law, the impact of social, cultural, and linguistic variations on the possibility of harmonizing or transplanting rules on commercial communications to consumers. Empirical research on national variations in consumers\u27 responses to advertising and other marketing is used to create a typology of cases in which cultural factors should be taken into account when assessing a commercial practice from a consumer point of view. Differences between countries with regard to consumers\u27 trust, understandings, rationality patterns, decision-making behaviour, values, and preferences are discussed as relevant cases. The empirical examples provide a basis for a criticism of culturally blind harmonization and transplantation attempts

    Strict Liability for Dangerous Activities in Nordic Tort Law - an Adequate Answer to Late Modern Uncertainty?

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    Nordic (Finnish, Swedish, Norwegian and Danish) tort law illustrates the oscillation between negligence and forms of strict liability in contemporary tort law. Starting from negligence as the main rule Nordic tort law has through both legislation and court practice pragmatically developed several instances of strict liability. Therefore, as to strict liability Nordic tort law appears fragmented and there are differences in detail between the Nordic countries as well. However, in the paper this lack of rigid systematics is not pictured as a failure, but rather as a natural reaction to the need of experimentalism in late modern tort law. The inherent uncertainty of the risk society in combination with the stability demands of the insurance society is well served by situation-specific reactions to new dangers stabilizing in islands of strict liability. A combination of a generalizing and a case list method offers the courts tools for a continuously learning law. However, when assessing the general system of compensation for personal injury, such learning through case law can only provide pointillistic improvement. The bulk of personal injury cases, related i.a. to traffic and employment, is, also in the Nordic countries, covered by legislation based on strict liability and mandatory insurance.Peer reviewe

    Unfair terms and standard form contracts

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    Peer reviewe

    Rethinking EU Consumer Law

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    This title is published in Open Access with the support of the University of Helsinki.In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU’s consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU’s approach to consumer law and policy

    Rethinking EU Consumer Law

    Get PDF
    In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU’s consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU’s approach to consumer law and policy

    Rethinking EU Consumer Law

    Get PDF
    In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU's consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU consumer law has had on national law.Peer reviewe

    Highly efficient incorporation of the fluorescent nucleotide analogs tC and tCO by Klenow fragment

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    Studies of the mechanisms by which DNA polymerases select the correct nucleotide frequently employ fluorescently labeled DNA to monitor conformational rearrangements of the polymerase–DNA complex in response to incoming nucleotides. For this purpose, fluorescent base analogs play an increasingly important role because they interfere less with the DNA–protein interaction than do tethered fluorophores. Here we report the incorporation of the 5′-triphosphates of two exceptionally bright cytosine analogs, 1,3-diaza-2-oxo-phenothiazine (tC) and its oxo-homolog, 1,3-diaza-2-oxo-phenoxazine (tCO), into DNA by the Klenow fragment. Both nucleotide analogs are polymerized with slightly higher efficiency opposite guanine than cytosine triphosphate and are shown to bind with nanomolar affinity to the DNA polymerase active site, according to fluorescence anisotropy measurements. Using this method, we perform competitive binding experiments and show that they can be used to determine the dissociation constant of any given natural or unnatural nucleotide. The results demonstrate that the active site of the Klenow fragment is flexible enough to tolerate base pairs that are size-expanded in the major groove. In addition, the possibility to enzymatically polymerize a fluorescent nucleotide with high efficiency complements the tool box of biophysical probes available to study DNA replication

    Consumer Law and Policy Relating to Change of Circumstances Due to the COVID-19 Pandemic

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    An unprecedented number of consumer problems has been caused by the COVID-19 pandemic, not least with regard to refunds of prepayments and the ability of consumers to keep up their monthly payments under loan and rental agreements. Based on a notion of societal force majeure sketched in this paper, we propose guiding principles in respect of the introduction of moratoria on recurring payments, the use of refunds or vouchers in respect of prepayments, and associated enforcement challenges. This analysis draws on experiences around the globe.Non peer reviewe

    Эффективность работы сплит-системы в режиме теплового насоса

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    Рассмотрены проблемы, возникающие во время работы сплит-системы в режиме теплового насоса и предложена экспериментальная установка, которая даст возможность их исследовать, решить или минимизировать. Разработана методика проведения исследования, обработки полученных данных и расчета показателей эффективности работы сплит-системы в режиме воздушного теплового насоса. Введено понятие цикличности работы сплит-системы и выполнено разделение рабочего цикла на отдельные самостоятельные составляющие. Предложено использовать поправочный коэффициент, который дает возможность получать действительные значения эффективности любого воздушного теплового насоса сплит-системы. Проведена апробация полученных результатов с данными фирм-производителей сплит-систем и выделены особенности, влияющие на значение коэффициента трансформации при использовании разных методов расчета.The problems arising in the operation of the split systems in the thermal pump mode are considered and an experimental unit is proposed which will enable to study, to solve or to minimize them. The methods of the studying, data obtained processing and calculation of the efficiency indices for the split system operation in the mode of the air thermal pump are developed. The notion of cyclicity of the split system operation is introduced and the operation cycle division into separate independent components is provided. It is proposed to use coefficient of correction which enables to obtain actual efficiency values of any air thermal pump of the split system. Testing and comparison of the data obtained with the data of the split system manufacturing companies and their approbation are carried out. The specific features having an influence on the value of transformation ratio when using different methods of calculation are singled out
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