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Sex Industries

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Chapter Summary

The sex market is clearly consumer-oriented. If one accepts the view that transactions for sexual goods and services are valid and not merely tolerated, one is faced with the legal issues of sex consumers. In the absence of some express legislative provision there is no doubt that consumer protection rules should apply. This chapter uses the vast EC legislation on consumer contracts as a test field, as it covers practically all the aspects in which we are interested here. From a legal-realist point of view this means that there is substantial equivalence between abstractly including sex transactions within consumer contracts, and refusing to apply contract law and remedies on the basis of immorality, and it opens the road to ex ante regulation.

Keywords:EC legislation; ex ante regulation; protection; sex consumers; sex market



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