Legal Literature

  • Legal Literature Details
    • Member State: Portugal
    • Title: The Protection of Vulnerable Consumers in the Unfair Commercial Practices: Review of Directive 2005/29/EC and Decree-Law 57/2008
    • Subtitle:
    • Type:
    • URL:
    • Author: H. T. R. RODRIGUES
    • Reference: Revista Portuguesa de Direito do Consumo, December 2008, Number 56, pages 83-120
    • Publication Year: 2008
    • Keywords: consumer, distortion, general discussion on the national implementation, general scope of the UCP Directive, trader, vulnerable consumer
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 1, Article 1 Unfair Commercial Practices Directive, Chapter 1, Article 2, (a) Unfair Commercial Practices Directive, Chapter 1, Article 2, (b) Unfair Commercial Practices Directive, Chapter 1, Article 2, (c) Unfair Commercial Practices Directive, Chapter 1, Article 2, (d) Unfair Commercial Practices Directive, Chapter 1, Article 2, (h) Unfair Commercial Practices Directive, Chapter 2, Article 5, 1. Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (b) Unfair Commercial Practices Directive, Chapter 2, Article 5, 3. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 8 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 9
  • Headnote
    The article addresses the concept of consumer, commercial practices, product, commercial transaction and material distortion of the economic behavior of consumers under the scope of the UCP Directive.

    The article also presents an overview on the national implementation of the UCP Directive namely stating that Portugal created a third type of unfair commercial practice. The author defends that such category was created by dividing Article 5 of the UCP Directive into two Articles in the national implementation of the UCP Directive (Decree 67/2008, of 26 March 2008). Accordingly, the author criticizes the title of article 6 of the said Decree as it apparently creates a special type of unfair commercial practices called “unfair commercial practices in particular”.

    Finally, the author makes a more in-depth analysis of what exactly constitutes the concept of “vulnerable consumers”.

     
  • General Note
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