Publication details
Co je a není "kodex chování" v zákoně na ochranu spotřebitele?
| Title in English | What is and what is not a "code of conduct" in consumer protection Act? |
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| Authors | |
| Year of publication | 2021 |
| Type | Article in Proceedings |
| Conference | Ronovská, K. Havel, B. Lavický, P. a kol. Pocta prof. Janu Hurdí-kovi k 70. narozeninám. Základní otázka života práv a vůbec…! |
| Citation | |
| Keywords | code of conduct |
| Description | In this paper, I have attempted to provide a more detailed characterisation of the "codes of conduct" that the Consumer Protection Act defines for its own purposes and which have their basis in the requirements of the Unfair Commercial Practices Directive. Since our legislation has not adopted either of the two definitional provisions of this Directive, the features of a code need to be defined (also using a Euro-conformist interpretation) doctrinally. The manner in which the sets of rules were created is not relevant to the "code of conduct" in the blacklist (Annex 1 of the Consumer Protection Act, as well as Article 5(3) of the same regulation). The source of the rules can be in homonymous (own code) or heteronomous standard-setting (code for others). The origin of the rules may be purely contractual, but equally they may have been created by legal entities bringing together competitors or even third parties with no particular relationship to the addressees (consumer associations, NGOs). |