Consumer protection and Switzerland. Consumer protection) designates the whole of the efforts and measures, which are to protect humans in their role as consumers of goods or services. The acceptance of a protection need is based on the experience the fact that consumers opposite the manufacturers and Vertreibern are structurally underlaid by goods and opposite service offerers "„"“i.e. due to expertise, information and/or experience lacking to be easily disadvantaged can. This imbalance so far as possible to adjust is the request of the consumer protection.

In a broader sense the term is also used, in order to designate the protection from health dangers, ensured by laws, (see safety reference), consumers typically threatens (e.g. by impurities in the drinking water). To that extent the linguistic usage is non-uniform; some speak some of health protection of consumer protection, or also "„health consumer protection "“.

Example of the consumer protection

The today's consumer protection politics proceed from "„the consumer of age "“, that is to even decide will and able. The meeting of conscious consumer decisions depends however to a large extent on the fact that decision criteria, thus information, are available for consumers ("“informed consumer"”). Ensured within some ranges this by laws quite to a large extent, e.g. with the Inhaltsangaben, which are prescribed for packed food; in other ranges - e.g. with textiles - large information would be desirable for many consumers. However the example of the consumer of age is very contentious. Because one takes studies as a basis over the actual consumer behavior, then one notices that the consumer can process only a certain quantity of information (information overload). Also it does not act always rationally (spontaneous/impulse buying). Thus out, however the EuGH is iurisdiction of the consumer of age approximated.

Consumer right

In the German right there is none gesonderters "“consumer protection law"”, which would regulate all questions of the consumer right. There are legal rules, which serve mainly or "„besides "“goals of the consumer protection, in very many individual laws. Often the objective of the consumer protection overlaps also with other objectives; this is because of the fact that "„consumer is "“only a social role of humans. The same humans can be a same endangerment also in another role suspended, e.g. than employees. A regulation, which regulates handling a chemical, can serve therefore both the industrial safety and the consumer protection and possibly also still environmental protection. As right area the consumer protection is not clearly definable. Following enumerating of consumer protection regulations of the German right is therefore not locking and contains also standards, which pursue different objectives at the same time.

- * in the civil law book the regulations over entry door business ("§"§ 312, 312a), remote paragraph contracts ("§"§ 312b-d), contracts in the electronic course of business ("§ 312e), the consumer good purchase ("§"§ 474-479), time-sharing contracts ("§"§ 481-487) the consumer loan agreement ("§"§ 491-498), over financial aids between an entrepreneur and a consumer ("§"§ 499-504), rate supply contracts ("§ 505), even the regulations over the dwelling rent ("§"§ 549-577a) rank among the consumer right in the broader sense. Many further regulations of the civil right can not clearly the consumer protection to assign, because they aim at the reconciliation of typical clashes of interests between Contracting Parties and so that excluding protection standards in favor of the consumer are not, but the contracting party to generally protect be wanted. To these regulations those e.g. belong over general trading conditions ("§"§ 305-310).

- * many formal requirements are motivated, e.g. also of the consumer protection the necessity to let a purchase of land contract of a notary record. Thereby is for contracts which are closed typically to high sums and with the intention of durable acquisition of property, which expert consultation by the recording notary are guaranteed. Besides clearly the consumer right which can be assigned formal requirements exist like e.g. writing for time-sharing and consumer loan agreements, in addition, the text form for instructions of the consumer over with certain types of contract (consumer loan, time-sharing contracts) and/or selling ways (e.g. Entry door business, remote paragraph contracts) existing right of revocation.

- * many regulations of the public right, which are scattered on numerous laws, serve (usually health) the consumer protection. These laws usually obligate manufacturers and dealers from goods to the observance certain minimum standard regarding raw materials, other raw materials or additives or also regarding manufacturing processes or packing. In the German right the most important such legal rule is the law over traffic with food, Tabakerzeugnissen, cosmetic means and other consumer articles (food and consumer article law - LMBG). Due to this law numerous regulations with very detailed regulations, e.g. the Kosmetikverordnung were issued. Further important laws from this range are for example the meat hygiene law and the medicament law.

- * since at the beginning of 1999 exists by the entry into force of the insolvency order ("“InsO"”) a legal possibility for the payment retirement (disencumberment, debt release, in the InsO: "“Balance of debt release"”) by court order for (insolvent) consumers and Verbraucherinnen by requesting a consumer insolvency procedure with the district court, which has its seat at the place of the regional court responsible for the domicile of the insolvency person.

Activities in the consumer protection in Germany

In the past years the public perception of the consumer protection increased strongly. Food scandals, dangerous household appliances, Deregulierung formerly national monopolies (e.g. post office, telephone, course) and/or of area trusts (e.g. river), new contract forms (e.g. portable radio contracts) represent new challenges for consumers/inside. Politics and legislation in European Union, federation and countries turn increase the topic too.

In Berlin a senate administration carries the term "“consumer protection"” in the name since 2002. In the city transact approx. 200 consumer protection organizations are summarized in a "“network consumer protection"” and present themselves in a consumer signpost/guide, a kind yellow sides in the Internet. With "“being enough a night of the consumer protection"”, a public meeting with thousands visitors, was set a prelude. Since that time the senate administration for consumer protection organizes regularly consumer markets to the world consumer day, Germany far for the first time "“youth consumer protection days"” and "“conferences of senior"” organized, brings consumer mechanisms into city accomodation with high unemployment and high portion of humans with migration background and presented with the "“citizen of Berlin consumer celebration"” one totallooks all offers of help and consulting for Verbraucherinnen and consumers as road celebration at the cure prince dam, the citizen of Berlin Shoppingmeile absolutely.

See also

Consumer rights, consumer center, (English Wikipedia), Federal Ministry for nutrition, agriculture and consumer protection, consumer formation, Robinsonliste, consumer data security, consumer information law, consumer contract

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