Konsumentskyddet över gränserna - särskilt inom EU : En studie i internationell privat- och processrätt

Sammanfattning: Consumers frequently engage in cross-border transactions. This development is part of a general "europeanization" and "globalization". Increased travel and new means of communication, such as the Internet, have inter alia boosted international commerce with consumers. The legal position of a consumer in an international setting raises questions of private international law character: Where can a consumer turn if he or she wants to raise a complaint against a seller established in another country? Which law applies? Can a judgement or decision be recognized and enforced in another country than where it was initially rendered? Answers to these questions decide the protection afforded to a consumer in the individual cross-border case.In this thesis the legal position of a consumer in cross-border contracts is studied, i.e. treatment of private international law issues in international contracts where one party is acting in a capacity of a consumer. Emphasise lies on choice of law issues. This field of law has advanced promptly the last years as a result of EC-legislation. The Swedish legal order is in the centre of the study. However, legal orders in other European countries are taken into consideration. This is a natural sequel as there are many private international law rules relating to consumers’ rights that are common in the European Member States.An evaluation gives as a result that current Swedish private international law is too complicated and does not always meet with consumers’ interests of simple, swift and accessible solutions. If adequate consumer protection cannot be afforded in cross-border situations, consumers may be reluctant to take advantage of available choice regarding good or services and the reduced prices that the intensification of competition on the internal European market is intended to bring. It is argued that the drawbacks call for simplifications.