From competition law to private law -- consumer sales guarantees in European policies; 2. It is important to examine such contexts in order to expand the intellectual foundation of consumer law. The vast majority of rules of the Consumer Rights Directive have been transposed outside of the Civil Code although, during the work on the transposition, there were voices suggesting its inclusion into the Civil Code. Instead, the authors propose that a manufacturer should be directly liable to a consumer. In the present study one aim was to test a two-factor model of consumer self-control strategies that divides them into desire-reducing and willpower strategies. While the increased input from other discourses is changing the balance in a positive way, it is arguable that consumer lawyers have remained in some fairly recognisable ruts. The book provides an exhaustive analysis of the legal phenomenon of the consumer guarantee, disclosing the competition law roots of the legislation on it, the effects of the Unfair Contract Terms Directive and the Consumer Sales Directive.
The rules in the Civil Code contain a comprehensive regulation of performance and the effects of non-performance of a sales contract, based on the notion of defect. In addition, the well-developed rules on guarantee contained in the Civil Code, and drawn up for consumer relations, no longer apply to consumer sales, as a result of the transposition. Re-transposition of the Consumer Sales Directive When it comes to the re-transposition of the Consumer Sales Directive, it has been planned from the moment of its initial transposition into the Polish legal system in 2002 Originally, the Consumer Sales Directive was transposed in a separate Act on Special Conditions of Consumer Sales. In this light the substantive minimum harmonisation measures which have been justified with reference to the need for promoting consumer confidence seem only to a limited extent relevant with respect to the creation of such confidence. The argument has been presented in order to justify both the creation of a minimum safety net for consumers the minimum confidence argument and the current turn towards more total harmonisation of consumer protection the harmonised confidence argument. It contains two parts; the first is the notion and the requirements of the free market according to European legal system, while the second part explains how this market enhances legal and economic interests of consumers. In the area of the guarantee, the best examples would be Ireland, Poland or Hungary.
The author of eight books and numerous articles mainly on consumer protection in private and international law, product liability and recently international family law. The system of exclusive seller liability is examined and rejected. According to the Civil Code, the buyer can terminate the contract or ask for a price reduction and at the same time — depending on the type of good — demand a repair or replacement. The new rules introduce the requirements of Consumer Sales Directive into the Civil Code and reintroduce the application of the Civil Code to consumer sales including the rules on guarantees. This monograph is distinguished by its detailed and comprehensive deliberations, which cannot be found in other sources. The authors consider the conceptual justifications and deal with likely difficulties of such a system of liability. This book fills an important gap in the literature on European sales law, where sales law is a much-studied object for legal comparatists, while, at the same time, comprehensive analysis of sales guarantees is largely missing.
This fascinating book filled a neglected gap in European legal literature, as the problems of consumer sales guarantees have not been looked at in a way that is both in-depth and all-encompassing. People use self-control strategies to overcome time-inconsistent preferences. Exploratory and confirmatory factor analyses gave support for the two-factor model of self-control. Analysis of the Directive's rules; 2. The critique of the present sales regulation The Act on Specific Conditions excludes the application of the Civil Code to contracts covered by the Act, and since the Act does not regulate issues relating to the performance of consumer sales contracts comprehensively, but simply follows the rules of the Consumer Sales Directive, it creates lacunas.
This book fills an important gap in European sales law literature, where sales law is a much-studied object for legal comparatists, while at the same time comprehensive analysis of sales guarantees is largely missing. Some of the rules of the Civil Code are slightly modified. These rules apply to all sales contracts, with the exception of the contracts regulated in the Act on the Specific Conditions i. In this context, the firm, by offering a self-selecting menu of base warranty and extended warranties, satisfies the warranty demands of the various segments of the population. The seller can block the choice of the buyer. Furthermore, it studies the solutions adopted in the Consumer Sales Directive and questions their effectiveness.
The national solutions and traditions existing in the regulated area cannot be disregarded. Financial situation, age, and sex were found to influence the use of desire reduction and willpower in different directions. Furthermore, where a manufacturer utilises a distribution network, the members of such networks should also be directly liable to the consumer, but have a right of indemnity against the producer. Akademische Rätin at University of Osnabrück. The purpose of this paper is to offer some preliminary thoughts on the relationship between consumer protection and innovation, and to consider the potential impact of the main consumer law directives adopted by the European Union on this relationship. I demonstrate that consumer moral hazard and heterogeneity in product usage create variation in the valuation of product warranties by the different segments in the market.
This chapter not only looks at the legal considerations, but also analyses the notion of guarantee from linguistic and historical perspectives. On the top of that, the new rules on consumer sales were generally perceived as lowering the level of consumer protection, since they introduce a hierarchy of remedies that is not present in the Civil Code. The dual nature of the guarantee; 3. This structure is very logical and well-grounded. In this process the effective level of consumer protection may easily decrease. In addition, a legislative instrument should specify the duties and obligations of the platform operator, making it clear under which conditions the platform operator is liable for a non-performance by the supplier. The implementation date for this European private law quality regime was 1 January 2002.
This book fills an important gap in European sales law literature, where sales law is a much-studied object for legal comparatists, while at the same time comprehensive analysis of sales guarantees is largely missing. As a result, the Polish system of liability for defects in sold goods disintegrated: split in two. The role of product warranty in segmentation of consumer durable product markets is highlighted. Origins of guarantee -- introduction; 3. Only a few rules of a general contractual character are going to be included into the Civil Code. Guarantee on the modern market; 4.