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Theses

La sanction de la violation du droit de la consommation dans les contrats de consommation

Abstract : The second half of the 20th century has been marked by the emergence of consumer society and correspondingly by the evolution of a new area of law: consumer law. This field of law can be defined as a body of rules aiming at protecting the interests of consumers and which is essentially applied in the context of consumer contracts. The legislator has not established a general system of sanctions for the violation of consumer law provisions. The sanctions are mostly criminal in nature, while the civil sanctions are those provided for by general contract law. On the basis of the existing rules this thesis aims to establish a specific system of sanctions common to all consumer contracts. The thesis is governed by the search for adequate sanctions which would increase the effectiveness of the legal rules as well as the effectiveness of the protection of consumers. The effectiveness of the reparative function of the sanctions is analysed separately from the effectiveness of their deterrent function. This distinction is necessary, since the reparative function of sanctions is determined by the situation of the victim of the violation of the rules, whereas the deterrent function of sanctions takes into account the situation of the person responsible for the violation.
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https://hal.univ-lorraine.fr/tel-01749257
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Nathalie Douche - Doyette. La sanction de la violation du droit de la consommation dans les contrats de consommation. Droit. Université de Lorraine, 2012. Français. ⟨NNT : 2012LORR0226⟩. ⟨tel-01749257⟩

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