YEAR 2022 No 3 Volume 29

ISSN 2182-9845

2022 No 3

Fumie Suga

Considering the International Standard (ISO) 22458, “Consumer Vulnerability: Requirements and Guidelines for the Design and Delivery of Inclusive Service” in the context of Japanese Consumer Law

We consumers all entail the possibilities of having vulnerabilities or falling into vulnerable situations during our lifetime. However, even if we are potentially “vulnerable consumers,” the manifestation of such vulnerabilities can be suppressed depending on how business operators conduct contract solicitation, how customer services are provided, and how products and services are designed in the first place. It was for this purpose that the ISO22458 was published in April 2022. ISO22458 shows us how “consumer vulnerability” can be overcome by good practices of organisations which integrate the “outcome-focused” and “proactive” approach in their internal mechanism.

“The power of the voice”: virtual voice assistants, voice commands and contracting by means of voice

Julia Ammerman Yebra

Voice; electronic contract; biometric recognition; voice virtual assistant; contractual consent; privacy policies. 

Voice is a feature that individualizes and identifies us. Also, a voice is a biometric data, which means that once a voice has been processed, its owner can be identified. This allows us to state that the voice can be used as a means to authenticate the signature of an electronic contract. Therefore, biometric voice recognition techniques will make it possible to identify the owner of the voice, who will thus be giving his contractual consent. The issue could become more complicated when not only the “voiceprint” is used as a signature, but also the counterpart is a virtual voice assistant. These assistants, designed to both “answer” and “listen”, should contain strong privacy policies regarding the processing of the voices interacting with them.

Leasing of goods with digital elements: ¿what rules, European and Spanish, about conformity of digital products with the contract?

Lídia Arnau Raventós

Lease of goods; goods with digital elements, conformity; continuous supply.

The purpose of the comment is to analyze if the European law imposes any certain regulation regarding the leasing of goods with digital elements, in particular, about conformity of theses goods with de contract. The digital nature of one of the components of this kind of mixed goods justify the application of Directive (UE) 2019/770, concerning supply of digital content and digital services. In addition, the rules relating to continuous supply must be applied because of the continuous lessor´s obligation. At last, the comment assesses whether in Spanish law the regulation leads to the application of the internal rules that have incorporated Dir. 2019/770 into domestic law.

Capacity to contract of the non-emancipated minors with special reference to the disabled

Alfredo Batuecas Caletrío

Minor of age; capacity to contract; disability.

Law 8/2021, of June 2, which reforms civil and procedural legislation to support people with disabilities in the exercise of their legal capacity, has considerably modified the Spanish Civil Code. One of the articles that has been modified has been 1263, which recognizes the capacity to non-emancipated minors. This article analyzes how the legal regime contained in this article remains after the reform, making some special considerations for the disabled minor.

The Special Revitalization Process with the amendments introduced by Portuguese Law nº 9/2022, of 11th January

Letícia Marques Costa

Special revitalization process; negotiation; standstill; companies recovery; opposition right; contradictory; equality of treatment of creditors.

Fulfilling the obligation to transpose Directive (EU) 2019/1023, of the European Parliament and of the Council, of 20th June and, taking advantage of this timing to make of changes to the insolvency law, in order to avoid a large number of insolvencies that will be expected in a post-pandemic crisis period, the legislator made, among other, numerous amendments to the provisions related to the Special Revitalization Process and introduced some novelties, through the publication of Law n.º 9/2022, of 11th January.

Stable Climate: A Common Heritage of Humankind

Paulo Magalhães

Climate Common Concern; Climate Common Heritage; Legal Innovation; Static Sovereignty vs functional Earth System; Intangible Natural Heritage; Portuguese Climate Law.

When, in the last report of the International Law Commission (ILC-UN), was stated: “The atmosphere and airspace are two different concepts, which must be distinguished(...)”, a pathway was open to autonomize the “functional” dimension of the Earth System from the “static” territorial element of sovereignty. This evolution makes it possible to answer: “What is Climate from a legal perspective?”. The current inability to legally portray the functional dynamics of the planet was in the origin of the non-recognition of the good Stable Climate as a Common Heritage of Humanity, opting to address the problem - climate changes are a Common Concern of Humanity.

Cultural appropriation of the shirt of Póvoa de Varzim: A preliminary approach to advance legislative proposals for the safeguarding of Portuguese Intangible Cultural Heritage

Irene Merino Calle

Cultural Appropriation; Intangible cultural heritage; “Domaine Public payant”; Commons; UNESCO.

An investigation conducted by Dr. Dámaso Francisco Javier Vicente Blanco prompted this article. According to the author, intellectual property —having followed the path of privatization and mercantile free trade— has been reframed in terms of popular culture, which appears to dominate. Certainly, cultural appropriation is a mechanism for achieving this goal. Therefore, it is vital to adapt to recognize the goods of human creativity as common goods; resources that are integral to the identity of a social community —a person, a group of citizens, a city, a nation— and which constitute that community's intangible cultural heritage. Besides, it is crucial that these assets be adequately safeguarded so that they do not become subject to misappropriation, as happened with the Poveira Sweater.

The (possible) unconstitutionality of the Administrative Procedure Code as a source of guarantees for taxpayers and the problem arising from the (alleged) lack of specific legislative authorization

Luís Manuel Pica

Administrative Procedure Code; Special Administrative Law; Tax Law; Subsidiary Law; Guarantees of taxpayers; Principle of Fiscal Legality.

This study seeks a brief approach on the applicability of the "new" Administrative Procedure Code to tax matters, since administrative rules are a source of subsidiary law to tax rules, and these will eventually be called upon to provide legal protection for any existing gaps that should be regulated by general administrative law. As the Administrative Procedure Code is a normative act of the Government, through prior authorisation of the legislative body, serious doubts arise, however, as to the material scope adopted in the law of legislative authorisation, namely as to the "guarantees of taxpayers".

Review of Söllner, Alfred/Baldus, Christian, Römisches Recht, 1. Auflage, Heidelberg, Jedermann-Verlag, 2022, 306 pp. (ISBN: 9783868253535)

Luísa Eckenroth Moreira

History of Roman Law; Roman Law; Roman Private Law.

Review of Söllner, Alfred/Baldus, Christian, Römisches Recht, 1. Auflage, Heidelberg, Jedermann-Verlag, 2022, 306 pp. (ISBN: 9783868253535)

Book review of De Miguel Asensio, P.A. y Del Real Rubio, R., Máquinas o abogados: los conflictos en la frontera tecnológica, Thomson Reuters, Navarra, 2021, pp. (ISBN: 9788413467603)

Patricia Vargas Portillo

Electronic commerce; Law; Internet; regulation; technology.  

Book review of De Miguel Asensio, P.A. y Del Real Rubio, R., Máquinas o abogados: los conflictos en la frontera tecnológica, Thomson Reuters, Navarra, 2021, pp. (ISBN: 9788413467603)