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  [essays and dissertation][Law][Intellectual Property Law]E-commerce and Intellectual Properrty:Online Financial Services 论文



论文编号: org200806160943133857
论文属性: assignment guidelines
论文语言:English
论文国家:U.K.
登出日期: 2008-06-16  
字数: 4000
源程序: 无
价格: 免费论文
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论文大纲,目录
关键词搜索:E-commerce   Intellectual Properrty   Online Financial Services    
 
l [if any] the consumer interacts  with and the relationship with the supplier
 Details of trade registration [if any]
 Details of any relevant supervisory authority


As to the Financial Service
 Description of the main characteristics
 Total price, including fees, charges, expenses and tax and  indications of other applicable costs and taxes
 Notice as to price fluctuations, risk and historical information  [if relevant]
 Limitations as to period of acceptance
 Payment and performance arrangements


As to the distance contract
 Existence/absence of a right of withdrawal [Article 6]
 Minimum duration of the contract
 Early termination rules and penalties, if any
 Practical means of intimating withdrawal
 Underlying law of the contract
 Contractual rules as to the law to be applied and in which  court
 Languages used


Redress
 Is there an out of court system and the methods of access
 Existence of guarantee funds/compensation systems


Article 4 imposes additional requirements if the member State has introduced additional protection measures. Such rules must be transmitted to the Commission. Similarly, if other Community law contains additional rules, then these continue to apply.
Article 5 provides that the supplier must provide the consumer with the contractual terms and conditions in good time bef英语论文网 【http://www.51lunwen.org】ore the contract is concluded. Such information must be in paper form or another durable medium.


The Withdrawal Right under Article 6
Normal rule - 14 calendar days to withdraw from the contract without penalty and without the need to give any reason.  There is a 30 calendar days rule for life insurance and personal pensions. Note that the right of withdrawal does not apply to financial services dependent upon price fluctuations.
Member States may decide to not extend the right of withdrawal to cases of credit primarily intended for the purpose of acquiring or retaining property rights in land. In order to ensure that the right of withdrawal is an effective right, Article 7 provides that where the consumer exercises his right of withdrawal under Article 6 he is only required to pay for the proportionate amount of the service that has, up to that point, actually been provided.  That payment must not be so high as to be construed as a penalty


Enforcement and Sanctions


It is essential that the consumer is made aware of these rights and that the laws are enforced. If the supplier does not comply with the obligations oft he Directive, Article provides that the consumer can cancel the contract at any time, free of charge and without penalty and nevertheless, in any case, all sanctions must be effective, proportional and dissuasive.


Redress under Articles13 and 14
Article 13 requires the member States to ensure that there are appro 本文来自:英语论文网 【http://www.51lunwen.org】

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