Description
This dissertation thoroughly examines consumer jurisdiction and choice of law rules in European and Chinese private international law, focusing on three main issues: 1) defining ‘consumer’, 2) determining jurisdiction over consumer contracts, and 3) determining the law applicable to consumer contracts. It evaluates the clarity and adequacy of existing definitions and rules, aiming to enhance consumer protection and access to justice in cross-border litigation. Chapters delve into issues such as the notion and material scope of consumer contracts, the nature of dual purpose contracts, criteria in determining targeting activities, and the exercise of party autonomy. Based on the analysis, this dissertation offers recommendations for clarifying definitions, improving jurisdictional frameworks, and enhancing consumer protection in both legal systems. Recommendations for the EU include adopting the dynamic approach in determining consumer status, adopting the primary purpose criterion in classifying dual-purpose contracts, combining the targeting and dis-targeting tests, deleting the condition of a causal link, and revising certain provisions to ensure consistency in regulating package travel and timeshare contracts. Proposed amendments in China include clarifying the notion of a consumer, expanding the material scope of consumer contracts to package travel and timeshare contracts, introducing specific consumer jurisdiction rules, clarifying conditions for applying consumer choice of law rules, adopting bilateral party autonomy, establishing interactions between consumer and contract choice of law rules, and employing mandatory and overriding mandatory provisions to protect consumers. These amendments aim to bridge the gap between Chinese and European private international law, ensuring consistent and better consumer protection across borders.| Periode | 15-jul.-2024 |
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| Geëxamineerde | Zhen Chen |
| Examen gehouden op | |
| Mate van erkenning | International |