BẢO VỆ NGƯỜI TIÊU DÙNG KHI ÁP DỤNG ĐIỀU KHOẢN CHỌN LUẬT TRONG HỢP ĐỒNG TIÊU DÙNG CÓ YẾU TỐNƯỚC NGOÀI -KINH NGHIỆM QUỐC TẾ VÀ KIẾN NGHỊ CHO VIỆT NAM

Abstract

In consumer contracts involving foreign elements, usually, the party producing or providing goods and services (often called the “professional party”) has more advantages in information or negotiation ability than the consumer. Taking these advantages, most of the clauses in the contract, including the clause on the choice of applicable law, are often pre-drafted by the professional party to create unfavorable conditions for the consumer. This article, therefore, focuses on examining consumer protection methods from various countries that impact the party's autonomy in agreeing on applicable laws in contracts. From this, the authors aim to conclude which method is most effectiveand suitable for Vietnam today.