The National Police Agency issued a report regarding the countermeasures against IPR counterfeiting and piracy.
Countermeasures against IPR counterfeiting and piracy
March 27, 2007 · Leave a Comment
Categories: Uncategorized
Suitability rule
March 27, 2007 · Leave a Comment
The fundamental Law of Consumer stipulates several duties of a trader (sec. 5):
To confirm security of consumer and fairness in trading with consumer;
To consider the knowledge, experience and the stats of finance in the trading with consumer;
To prepare the setup to respond a claim of consumer appropriately and promptly, dealing with a consumer complaint suitably;
To corporate with the consumer policy decided by consumer the administrative body .
The notion of the suitability rule has been developed especially in the field of the financial services trading; commodity futures trading and securities transaction. First, the idea was introduced it the code of fair practices in the securities trading. Thereafter, A large amount of court ruling admitted to the rule as a instrument of admitting damages to consumers. As a result, the notion was inserted in many laws concerning financial services. Above mentioned provision of the Fundamental Law of Consumer was a conclusion of these court rulings.
Recent Supreme Court decision[1] related to securities transaction dispute said that the breach of the rule was not only restriction to the trader, but also it gave a consumer damages in civil code.
The notion expands to other consumer law such as the doorstep selling law as a instrument of protection for vulnerable consumers.
In European countries law, it is difficult to find out the idea except financial services. Is this recognition correct or not?
[1] http://www.courts.go.jp/hanrei/pdf/8B2BAEC7DB79F1EC492571240026988E.pdf
Categories: consumer
