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TENDENCY TO CONCEPTUALISE EUROPEAN CONSUMER LAW

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Stefanicki R.

Kwartalnik Prawa Prywatnego

2008

vol. 17

issue 3

683-711

This article relates developments in consumer law where there is still a tendency to conceptualise consumer law as private law. The existing EU consumer protection rules are fragmented basically: firstly, the current directives allow Member States to adopt more stringent rules in their national laws and many of them have made a higher level of consumer protection and secondly, many issues are regulated inconsistently between directives or have been left open. The EU proposes, in a Green Book on possible changes in contractual law directives, a total harmonization of consumer legislation. The need for national courts to ask rather detailed questions may increase with the recent trend to total harmonisation of EC consumer law. The EU legislator believes that the future horizontal instrument should apply to all consumer contracts. That will prevent regulatory fragmentation at European level and help to streamline European legislation. The article examines the merit of the test of the average consumer as a basis for judicial and regulatory action. Contract law attempts in various ways to regulate the information that contracting parties exchange. Increasing the transparency information available to consumers is de lege lata undoubtedly beneficial. Current practices however, be reflected by author in concrete legislative and proposed legislation. The Commission intends to create a European Contract Law, that would in the not so near future replace the national contract laws.

KÚPNE ZMLUVY UZATVÁRANÉ ON-LINE A KÚPA DIGITÁLNEHO OBSAHU – ÚVAHY O NOVEJ REGULÁCII

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Jurčová M., Novotná M., Adamová Z., Dobrovodský R.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

2017

vol. 100

issue 2

143 – 161.

The paper introduces the key elements of the two recently published European digital contract rules proposals - the draft directive on certain aspects concerning contracts for the supply of digital content and the draft directive on contracts for the online and other distance sale of goods, both of them aiming (as part of the EU’s Digital Single Market Strategy initiative) to harmonise the „decisive rules“ concerning contracts either for the supply of digital content or for the online sale of goods. As instruments drafted as “maximum harmonization measures“ trying to overcome the „legal patch-work“ in the area of consumer contract law, the proposed directives should reduce the barriers to the growth of cross-border e-commerce in the EU and thus simplify and promote better access for consumers and businesses to digital content and online sales across the EU. This paper addresses the most significant aspects of the proposed regimes (scope of application, key provisions, models of standards of conformity, remedies available to consumers etc.) set in the broader context of European contract law in form of its “hard law” instruments, however, not avoiding demonstration of possible application complications. The paper also shows the legislative progress achieved during the Dutch and the Slovak Presidency of the Council of the EU. Based on detailed analysis of the proposed legislation, the authors attempt to outline its potential impact on the Slovak legal environment (particularly considering the actual private law re-codification activities).

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1 Kwartalnik Prawa Prywatnego

1 Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

1 Adamová Z.

1 Dobrovodský R.

1 Jurčová M.

1 Novotná M.

1 Stefanicki R.

1 2017

1 2008

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TENDENCY TO CONCEPTUALISE EUROPEAN CONSUMER LAW

KÚPNE ZMLUVY UZATVÁRANÉ ON-LINE A KÚPA DIGITÁLNEHO OBSAHU – ÚVAHY O NOVEJ REGULÁCII