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EN
Conception of social responsibiliyu (CSR) contributes to distinguish and build strong position on the market. During this activity organization should take into consideration social and environmental advantages. In this article the Author tries to answer following questions: What is the consumer role in CSR? What is consumer social responsibility?
EN
The article describes shops and shopping opportunities which are seen as one of the active factors supporting the change of traditional way of dressing in Východná, Važec and Štrba villages. It depicts constituent forms of customer ś contacts with consumer goods during the 20the century in the upper areas of the Liptov region and it points out the change-creating moments in clothing that had been brought by the above mentioned contacts. It also notes the current form of purchases and the most used and visited shops.
EN
The lease, in accordance with the provisions of Article 7091 of the Civil Code, must be understood as an agreement by which the lessor commits, in the activities of his company, to buy from the designated vendor under the terms of this agreement, and give this thing to the lessee for use (usus) or use and usufruct (ususfructus) for a definite period, and the lessee commits to pay the lessor, in agreed instalments monetary reward at least equal to the price or pay for the acquisition of goods by lessor. Credit component of the lease agreements have always been emphasized, which justifies the application of the law on consumer credit to a leasing agreement. The legislator, however, did not decide that this Act includes all contracts for consumers leasing. For the purpose of these considerations, there should be distinguished two types of leasing agreement. The first category will be 'professional' leasing in the current version of the Civil Code, while the second variation of the lease called 'consumers' legislator indirectly constitutes itself. It should be treated as a legally admissible form of a lease in the consumer market, in the absence of limitations in concluding an agreement for consumer credit, concerning charged use of things or rights, if the contract provides the transfer of ownership of goods or the rights on the consumer.
EN
The author applies taxonomic measures and product qualities' matrix to measure clients' satisfaction. The method is valuable because it can be used to analyse product competitiveness directly. The article presents description and results of author's research that document the method's usefulness in market analysis and consumer behaviour studies.
EN
The problem of the Polish economy is low factor competitiveness. The businesses are commonly believed to be of great importance in creating competitive economy, whereas the aims of businesses are greatly regulated by consumers. Consumers, being the least significant yet the most numerous section of economy, are the entity which both entrepreneurs and different business groups must recognize. New conditions and socio-economical phenomena, resulting from the process of transformation of the Polish economy, show distinctive growth of importance of market consumption. The lack of relatively solid and harmonized attitudes in mutual exchange of economic subjects on goods and tangible and intangible services market on the one hand and the lack of them on the employment and financial markets on the other hand do not condition creating a stable and homogenous system of behaviour in a widely conceived intra-economical cooperation. Not downgrading the role of businesses in building competitive economy it may be argued that consumers, through their participation in widely conceived market game (social), initiate the processes shaping directly and indirectly the (present and future) competitive capability of economy.
EN
The paper presents the issue of a seller's responsibility towards a consumer for legal faults of the sold goods (the sale of stolen goods, etc.). The inaccuracy of the expression 'consumer goods inconsistent with the agreement' which the statue of consumer sales includes may cause interpretation doubts as to whether it contains the notion of legal fault in the understanding of the Civil Code. The author presents his opinion in this respect and conducts a detailed analysis of the issues connected with the above-mentioned responsibility. The paper contains examples allowing him to depict selected legal regulations, interpretations of the civil law doctrine and the rulings of the Supreme Court in this respect.
EN
The article presents different ways of defining the concept of consumer, as well as basic consumer rights in the civil law transactions against the background of national law and the law of European Union. In contemporary civil law transactions, dominated by business, what should be emphasised are fundamental aspects of the protection of weaker contracting party - the individual making the legal actions, not directly related to his business or professional activity. It seems that it is necessary to consider the codification of European consumer law in a single instrument, which, through the adoption of civil standards' system together with public standards, while adopting Art. 221 of Civil Code, would contribute to single out consumer marketing in the European Union, and also would save the legal systems of Member States from the divergence arising from the abstract and imprecise secondary legislation acts of European Union.
EN
The article addresses the amendment of the Act No. 250/2007 Coll. on consumer protection, implemented by the Act No. 102/2014 Coll. (valid from 1 May 2014), which laid down the ex officio obligation of the body deciding on claims from consumer contracts to take into account prescription, even if the consumer does not invoke prescription. This regulation faces many issues, not only in the area of application of law, but also in the area of legal theory. The article addresses some of these issues. The ex officio obligation of the court to take into account prescription is contrary to several legal principles, such as the principle vigilantibus leges sunt scriptae. Prescription is basically a sanction for violation of this principle. Due to the new legal act this sanction only applies to the creditor. The debtor is not obliged to observe this principle. It is also contrary to the principle of the autonomy of the will of private law subjects. In our law prescription is conceived as the concept of substantive law, which is fully in hands of the debtor who may decide whether he will or will not invoke prescription. The new legal act removes the basic difference between prescription and preclusion. This regulation of consumer protection also influences the procedural position of the parties, which is modified against the situation before the adoption of the amendment. It concerns the principle of equality of the parties to the proceedings as well as the instruction obligation of the court. There are also problems concerning the temporal applicability of the amendment.
EN
The article analyses this issue from the perspective of the liability relations. The division itself of legal regulation in the area of liability relations between two codes (Civil Code and Commercial Code) generates many problems. In the last years these relations were most significantly influenced by legal regulation of the consumer protection, which substantially intervened into the Commercial Code and redefined its scope. The article points out to multiple issues of fundamental importance, which are reflected in the following areas: the relation between the Civil Code and the Commercial Code; modification of selection of the Commercial Code by agreement of the parties; acceptability of the fiction that provisions of the Civil Code are always more favourable for the consumer. In the period of high fragmentation and variability of legal provisions it underlines the need to pay attention to the quality of their content and the method of their integration into the system of law, including the area of consumer law. All this considerably influences the interpretation and application of legal norms and their observance.
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2010
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tom 59
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nr 1
57-69
EN
The article takes a closer look at the issue of mental manipulation of advertising language, on the basis of examples of Ukrainian and Polish advertising slogans. The influence of advertising on the receiver's mentality takes place in two ways, both through elements closely concerned with the language system (pragmatic presupposition, positive-connotation lexion & absolutisation of the advertised object), and those outside the language system (the so-called 'scientific argument', playing of human emotions, implication, the power of authority, and crypto-advertising). In the article the notion of advertising rhetoric and the richness of stylistic means used in advertising have been discussed. The following terms have been distinguished, among others: epithet, comparison, metaphor, metonymy, hyperbole, alliteration and gemation, which not only diversify the terms of stylistics and general impression, and in that way are also the source of manipulation of the consumer's mind. The conclusion of the study is to present advertising content as a communication whose form and structure are dedicated to one aim - to encourage the consumer to buy the product.
EN
A competition may be restricted not only by undertakings, but also by public authorities in the exercise of their powers resulting from the generally binding legal regulations. With the aim to prevent this restriction of competition, the legislator has defined the restriction of competition, which is set out in § 39 of the Act on Protection of Competition. Although by its intensity or ramification the agenda of the application of § 39 of the Act cannot be compared with the agenda of application of prohibition of “classic“ forms of restriction of competition by undertakings (agreements restricting competition, abuse of a dominant position, concentration), in the existing decision-making practice of the Antimonopoly Office, the Council of the Antimonopoly Office, the Regional Court in Bratislava and the Supreme Court of SR we can identify some generalising features describing the most frequent cases of conduct or omission of public authorities resulting in the restriction of competition. The disclosure of these typical interventions of public authorities into competition may help a better orientation of public authorities as well as undertakings, consumers or parties damaged by such authoritative interventions into competition.
EN
The author presents the history of the idea of consumer protection and its impact on the contemporary European law. The discussed proposals of consumer protection have been described with particular empha¬sis on the financial market, especially the insurance sector. The paper mentions the problem of the lack of a consistent definition of a consumer in a variety of acts. The concept of consumer is examined in both eco¬nomic and legal terms, presenting the to-date achievements of science in this field.
EN
European consumer policy increasingly places emphasis on the role of information in allowing consumers to protect themselves and consequently promoting a competitive economy. Greater than ever the transparency information available to consumers de lege lata is undoubtedly beneficial. The solution may be relaxed enforcement of the regulatory framework and self-regulation to the more general principle of good-faith in contractual relationships to avoid over-regulation and hindrances to the technological development by codes of conduct. The article examines the merit of the test of the average consumer as a basis for judicial and regulatory action but therefore to be assessed taking account of the clearly identifiable group of consumers who are particularly vulnerable to the practice or the underlying product because of their mental or physical infirmity, age or credulity in a way which the trader could reasonably be expected to foresee, shall be assessed from the perspective of the average member of that group. The term commercial communications widely covers all forms of advertising, direct marketing, sponsorship, sales promotions and public relations promoting products and services. As the information society evolves, new forms of commercial communications will undoubtedly assume greater importance in this field.
XX
In article explores importance of communication in shaping the brand company. The elements of marketing communications that affect the formation of the brand in the target audience through the communications business are detected. Among the complex elements identified those factors that encompass individual, not related to other characteristics of communications. Supplemented list of factors that affect the efficiency of the target audience and offered their classification.
EN
Situated against the backdrop of a widespread and growing interest in the linkages between neoliberalism and welfare, this paper introduces the lens of neoliberalism as a conceptual strategy for thinking about contemporary issues in education policy. Through charting the historic rise of unfettered market institutions and practices in the context of 1980s England, it highlights the cultural and geopolitical specificity affixed to nation-based articulations and translations of neoliberalism. Building on this perspective, it considers how market discourses with its pedagogy of the consumer shape a plurality of education sites and practices. To follow, it sets out the specific contributions by authors to this interdisciplinary collection of papers on the themed issue of neoliberalism, pedagogy and curriculum. It identifies the contexts for their analyses and discusses the implications of their approaches for better mapping the ‘global’ impact of neoliberalism on welfare states and peoples, specifically the full range of policy enactments and disciplinary practices shaping education customs of pedagogy and curriculum.
EN
There have been many changes in internal trade during last ten years. Businessmen make use of not only well known instruments as it is obvious in the environment of strong competition. They try to diversify business activities to sales programmes in order to meet the customer's needs regarding the quality, ethics and information transfer. Customers got used to a convenient offer of consumer goods and adjust their behaviour accordingly to it. The retailers approach this phenomenon in different ways depending on their ability to understand and make advantage of these behaviour changes. This contribution was processed within the Research Project of MSM 6046070906 'The economics of Czech agricultural resources and then effective use within multifunctional systems of agriculture and food', Faculty of Economics and Management, Czech University of Life Sciences in Prague.
EN
Within the late modernity discourse attention has been drawn to the intensifying process of individualization. This process is being accelerated and affected by de-institutionalization and de-stratification - both processes resulting from the crisis of organised modernity. Individualization does not only mean more freedom and autonomy, it also implies more uncertainty and risk. In the liquid modernity people are facing a whole range of global uncertainty linked with crises of social forms, politics, social security, and conformity and consumer identity. All hopes and expectations towards the creating and accomplishing our life plans rest with us – individuals who are freer to take direction of their life trajectories, and at the same time, take responsibility for consequences of potential negative turbulences that could distract these trajectories from their settled direction. Being flexible is one of the most effective strategies how to tackle uncertainty in the age of liquid modernity. „Hunter-gamer“- a whole new concept of human mentality has been gaining more acceptance.
EN
In the present paper the author deals with specific questions of consumer collective redress mechanisms, especially in cases of compensatory collective redress. In each chapter is discussed some of these issues such as the nature of the required claims (refrain from unlawful conduct, unjust enrichment, damages, financial satisfaction), effects of res iudicata and right to propose enforcement of decision by individual aggrieved consumer, funding of collective actions, reimbursement of legal costs and finally the possibility of the future development at EU level in this area. In the Slovak Republic it is considering about adoption of legislation that will regulates collective redress mechanism in comprehensive manner, whereas as present in the Slovak Republic it does not exist compensatory collective redress. Because of possible abusing of collective actions the author proposes an appropriate system for the Slovak republic.
EN
The topic of this empirical study is focused on applying usage of heuristic methods in the process of retail shops placement as a starting point of putting into effect targeted communication of retail shops with a customer in their radius of action. Subsequently, maximisation of communication strategy’s effect is based on appropriate communication with the target market within a limited area determined by buying stream, which affects the target customers and influences their shopping decisions and the volume of realised purchases in the given retail shop. The study is based on two mutually interconnected levels of related knowledge. On the first level, it deals with an analysis of relationships between selected macroeconomic indicators in the Slovak Republic and points out their direct influence on development of retail takings as a basic economic premise of retail shop functioning. On the second level the authors focus on the specific application of heuristic methods in the field of optimisation of retail shops placement in the context of maximisation of their radius of action and target group service, in which an ideal precondition for targeted and efficient communication with a customer occurs. The aim of the contribution is to point out, using practical application of heuristic methods ADD and DROP, the optimisation possibilities of retail shops placement with special emphasis on delimitation of direct communication space. The aim of application of the above mentioned methods is to practically use the outcomes of the realised research and obtained statistical data.
EN
In the case of arbitration clauses in consumer contracts, there is a conflict of two fundamental values of private law − freedom and equality. On the one hand, arbitral prooceedings is an expression of the general freedom of contractual parties that allows an agreement about a person of arbitrator, location, procedure and form of arbitration. On the other hand, there is a consumer protection, when consumer is in a position of weaker contractual party. The author presents the nature of arbitral prooceedings, the interpretation and definition of arbitration agreement according to the national law of the Slovak republic. The author explains also methods for assessing the acceptability of the arbitration clause and methods for application of rules set in Civil Code and Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. In the case of assessing the acceptability according to general clause, the author interprets criterions of this clause, especially criterion of standard term, that has not been individually negotiated, criterion of causing significant imbalance in the partie‘s rights and obligations arising under the contract, to the detriment of the consumer. He also discusses the interpretation and possible application of the principle of good faith, which is contained in Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, but hasn´t been transformed into the Civil Code. In the case of assessing the acceptability according to the method of indicative list of terms, author explains the difference between the method of black list of unfair terms used in Civil code and the method of gray list found in Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts.
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