Elahi Nezhad, Moein (2025) Cross-Border E-Commerce and Consumer Rights: A Comparative Study of Legal Challenges in Iran, Italy, and the EU. [Tesi di dottorato]

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Abstract

The evolution of consumer protection laws reflects a dynamic interplay between economic growth, social justice, and the harmonization of international legal frameworks. This thesis provides a comprehensive and comparative analysis of consumer protection systems in Iran, Italy, and the European Union (EU), highlighting their historical trajectories, regulatory frameworks, identified weaknesses, and potential improvements. By examining these systems through the lens of international uniform private law, the study emphasizes their relevance in fostering equitable cross-border transactions, enhancing consumer confidence, and ensuring market fairness. The thesis initiates with a comprehensive examination of Iran's consumer protection legislation, outlining its historical development from informal trading customs based on Islamic law to the contemporary regulatory system created by the 2009 Law on Consumer Protection. The core principles of Islamic law, including Gharar (prohibition of uncertainty), Maysir (prohibition of speculative activities), and Tazir (punishment for deceit), are demonstrated to support early market interactions, promoting trust and equity in local bazaars. Nevertheless, as Iran moved toward a more intricate and interconnected economy, the shortcomings of these informal systems became evident. The 2009 legislation marks an important achievement, implementing compulsory quality standards, guarantees, post-sale services, and dispute resolution systems. Even with these improvements, challenges persist in maintaining consistent enforcement, raising public awareness, and regulating digital markets. Suggestions are taken from Italy and the EU to recommend actionable reforms intended to align Iran’s structure with global norms. Italy’s consumer protection framework is depicted as a model of legal progress, influenced by historical events, national reforms, and alignment with EU regulations. The thesis explores how principles of Roman law, including Actio Redhibitoria and Actio Quanti Minoris, established the basis for contemporary ideas of warranties and remedies regarding defective products. With the passage of time, these principles were incorporated into a unified legal structure, leading to the adoption of the Codice del Consumo (Consumer Code) in 2005. This code combines different consumer protection laws into one easy-to-access document, focusing on product safety, unfair business practices, and contractual rights. Italy's focus on after-sales assistance, educating consumers, and prioritizing sustainability is noted as a model for best practices. Nonetheless, issues like enforcement inconsistencies between urban and rural areas, complexities in procedures, and the difficulties presented by digital markets are recognized. Suggested measures consist of implementing centralized monitoring systems, streamlining dispute resolution processes, and improving digital literacy initiatives. The EU’s consumer protection system is analyzed as one of the most comprehensive frameworks globally, designed to harmonize laws across member states while adapting to the challenges of a modern, interconnected marketplace. Key directives such as the Consumer Sales and Guarantees Directive (2019/771), the Unfair Commercial Practices Directive (2005/29/EC), and the General Data Protection Regulation (GDPR) are explored for their role in establishing consistent consumer rights. These directives ensure conformity of goods, transparency in business practices, and robust data privacy protections. The EU’s integration of digital goods and services into its consumer protection framework is particularly noteworthy, addressing the evolving needs of a digital economy. However, the thesis identifies persistent weaknesses, including inconsistent enforcement across member states, limited consumer awareness, and emerging challenges such as counterfeit goods and platform accountability in e-commerce. By learning from Italy’s consolidated legal framework and proactive regulatory measures, the EU can enhance its enforcement mechanisms, improve cross-border dispute resolution processes, and adapt its regulations to emerging technologies. A key contribution of this thesis is the proposal of a new, globally informed framework for consumer protection that synthesizes the best practices from Iran, Italy, and the EU. This framework emphasizes harmonized enforcement mechanisms, greater adaptability to digital commerce, and robust consumer education initiatives. Centralized monitoring systems are proposed to address enforcement gaps, while targeted educational campaigns aim to empower consumers with knowledge of their rights and remedies. In addition, the framework advocates for integrating sustainability into consumer protection laws, drawing inspiration from Italy’s initiatives promoting circular economy practices and environmentally conscious consumption. The findings of this research have significant implications for the acceptance and implementation of international uniform private law, particularly in addressing disparities between national and international legal systems. By fostering greater alignment with global standards, the proposed framework seeks to enhance consumer trust in both domestic and cross-border transactions. This alignment is especially critical in the context of globalization and the rise of digital markets, where legal uncertainties and inconsistencies can undermine consumer confidence and market efficiency. In conclusion, this thesis underscores the necessity of a cohesive and adaptive approach to consumer protection, one that balances the interests of consumers and businesses while addressing the complexities of modern marketplaces. By bridging the gaps between national legal systems and international standards, this research contributes to the broader discourse on achieving fairness, transparency, and accountability in consumer transactions worldwide. The proposed framework provides a pathway for policymakers, businesses, and international organizations to strengthen consumer protection systems, ensuring equitable participation in the global economy.

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