Les pratiques commerciales déloyales à l'aune des droits anglo-américains : approche comparative

Abstract : Economically and politically, the Western society is led by two main sets which are the European Union and the United States of America. Juridically, this distinction matches with a more general one wich can be observed between traditional romano-germanic states and those submitted to the common law. Nowadays, this distinction tend towards disappearance because of the intermingling of these two legal systems. Indeed, regarding the form first, common law states resort more and more to statutory laws, and conversely, traditional romano-germanic laws leave a growing room for the case law, and especially, for the jurisprudence of the European Court of Justice. In substance then, because those two legal systems correspond to two economic systems unified around a market economy. They want to protect it against damaging behaviours for consumers, competitors, and in fine for the market itself But this protection require in particular to order fairness during the use of business-to-consumer commercial practices. That is why, the European Parliament and the Council, announced a directive concerning unfair business-to-consumer commercial practices in the internal market, which contains maximum harmonisation provisions about unfair commercial practices, but without provisions about their juridical regime. Then, it seems necessary to compare the European system with the American one, especialy with the consideration of the theory of the economic torts, in order to study if these two can enrich each other. So, it will be demonstrated that if the classification follows the same arguments on either side of the Atlantic, the responses to those behaviours is more contrasted.
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Christophe Ferreira. Les pratiques commerciales déloyales à l'aune des droits anglo-américains : approche comparative. Droit. Université de Perpignan; Université de Gérone (Espagne), 2015. Français. ⟨NNT : 2015PERP0035⟩. ⟨tel-01284326⟩

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