Advertisement

Apples and Peaches—Consumer Protection Goes East

  • Thomas M.Email author
Short Communication
  • 7 Downloads

Abstract

Each and every reform in countries of Eastern Europe and South East Europe, as well as in Russia and Central Asia, was and has to be executed within an area of tension of three dimensions – the socialist path of dependency, the growing national identity and the international influence. Starting with the socialist path, apart from the substantial law, which mostly involved special legal acts, one has to consider the institutional setting of functions, relevant within the consumer protection. These settings had and have influence on the design and implementation of consumer protection in former socialist systems. With regard to national identity, at least within the legal community, there was a tendency to establish its own basic laws, e.g., civil codes. In order to embed consumer protection in these legal settings, it was necessary that new civil codes provide the framework for contractual relations in general. This includes fighting with new national pride for their own system and a desire to protect their own traditions, where consumer protection is partly seen as an intervention in the freedom of contract. Finally, international influence is visible in all Eastern countries. The 1990s combined competition between common law and continental law but also included considerable dependency on international experts. Hence, they act more as consultancies rather than being driven by enthusiasm.

Keywords

Legal reform Transition Path dependency National versus international reforms Common law Continental law 

Notes

References

  1. Askland, A (1987). The civil codes of the Soviet Republics by Ye A. Fleishits and L. Makovsky. Maryland Journal of International Law, 3(2), 450–453.Google Scholar
  2. Boguslawsky, M. & Knieper, R. (1998). Wege zu neuem Recht (Ways to new Law). Berlin.Google Scholar
  3. Cherstobitov, A. (2001). Problems of consumer protection in Russia. Juridica International, VI(2001), 53–57.Google Scholar
  4. Gray, W. & Stults, R (2019). Civil Code of the Russian Federated Socialist Republic: An English translation.Google Scholar
  5. Knieper, R. (2006). Rechtsreformen entlang der Seidenstraße. Berlin: Berliner Wissenschafts Verlag.Google Scholar
  6. Knieper, R., Chanturia, L. & Schramm, H.J. (2010). Das Privatrecht im Kaukasus und in Zentralasien. Berlin: Berliner Wissenschaftsverlag.Google Scholar
  7. Meyer, T. (2010). Social market economy values in legal reform projects. In C. Jessel-Holst, R. Kulms, & A. Trunk (Eds.), Private Law in Eastern Europe (pp. 41–62). Mohr Siebeck: Tübingen.Google Scholar
  8. Nehf, J. P. (1993). Empowering the Russian consumer in a market economy. Michigan Journal of International Law, 14(4), 739–826.Google Scholar
  9. Vasiljevic, M., Kulms, R., Josipovic, T. & Stanivukovic, M. (2010). Private law reform in South East Europe. Belgrade: Liber Amicorum Christa Jessel-Host (Faculty of Law University of Belgrade).Google Scholar
  10. Legislation Google Scholar

European Union

  1. Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part OJ L 261, 30.8.2014, p. 4–743 Google Scholar
  2. Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part OJ L 161, 29.5.2014, p. 3–2137 Google Scholar
  3. Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part OJ L 260, 30.8.2014, p. 4–738 Google Scholar
  4. Joint Proposal for a Council Decision on the conclusion, on behalf of the European Union, of the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part and the Republic of Armenia, of the other part OJ L 23, 26.1.2018, p. 4–466 Google Scholar
  5. Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part OJ L 164, 30.6.2015, p. 2–547 Google Scholar
  6. Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo* , of the other part OJ L 71, 16.3.2016, p. 3–321 Google Scholar
  7. Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part OJ L 108, 29.4.2010, p. 3–354 Google Scholar
  8. Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Serbia, of the other part OJ L 278, 18.10.2013, p. 16–473 Google Scholar
  9. Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part OJ L 84, 20.3.2004, p. 13–197 Google Scholar

Yugoslavia

  1. Law on Contracts and Torts Official Gazette of the SFR od Yugoslavia (Službeni list SFRJ) nr. 29/1978 Google Scholar

Georgia

  1. Civil Code of Georgia Parliamentary Gazette, 31, 24/07/1997 Google Scholar

Copyright information

© Springer Science+Business Media, LLC, part of Springer Nature 2019

Authors and Affiliations

  1. 1.Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbHTbilisiGeorgia

Personalised recommendations