HIJERARHIJA PRAVA POTROŠAČA KAO KUPCA STVARI S MATERIJALNIM NEDOSTATKOM: PRIJEDLOZI DE LEGE FERENDA
HIERARCHY OF RIGHTS OF THE CONSUMER AS A BUYER OF GOODS WHICH DO NOT CONFORM WITH THE SALES CONTRACT – PROPOSALS DE LEGE FERENDA

Summary/Abstract: Bosnia and Herzegovina is facing a necessity of transposing Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/ EC into the domestic legislation. At this moment, it is relatively certain that this harmonization will take place at the entity level, that is, separately in the Federation of Bosnia and Herzegovina and the Republic of Srpska. In a situation where transposition is possible in laws on consumer protection and laws on obligations, a more acceptable option is harmonization within the laws on consumer protection. In addition to the changes that are necessary when it comes to the assumptions of the seller’s liability in the event of lack of conformity of goods, such harmonization implies changes concerning the consumer’s rights hierarchy as a buyer of goods that do not meet the conformity requirements. Specifically, the consumer will no longer be able to freely choose the right he wants to exercise, which will, theoretically, lower the level of consumer protection established by the domestic laws on consumer protection. Nevertheless, this will not represent a real change, bearing in mind that until now, despite the existence of laws on consumer protection, according to which the consumer has freedom of choice, in consumer disputes, the courts in Bosnia and Herzegovina have more often applied laws on obligations that establish a clear hierarchy of buyer rights.

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