IMPLEMENTACIJA NOVOG KONCEPTA ODGOVORNOSTI PRODAVCA ZA NEUSKLAĐENOST ROBE PREMA DIREKTIVI (EU) 2019/771 U ODNOSU NA PRETHODNU DIREKTIVU 1999/44/EZ NA DIGITALNOM TRŽIŠTU EU
IMPLEMENTATION OF NEW CONCEPT OF SELLER (TRADER) LIABILITY FOR NON-CONFORMITY OF GOODS UNDER DIRECTIVE (EU) 2019/771 COMPARED TO THE PREVIOUS DIRECTIVE 1999/44/EC IN THE DIGITAL MARKET OF THE EU

Summary/Abstract: In this paper, the initial premise of the research is focused on presenting the most significant innovations brought about by the establishment of a new concept of seller (trader) liability for nonconformity of goods under Directive (EU) 2019/771 compared to the previous Directive 1999/44/EC in the digital market of the EU. Based on specially designed subjective and objective criteria for assessing the conformity of goods in Directive (EU) 2019/771, different answers are offered compared to the previous state of consumer protection. The primary contractual obligation of the seller is to fulfill the obligation and is realized by the proper delivery of the goods. However, non-performance or performance with defects entails important legal consequences, one of which is the seller's liability for non-conformity of goods. It is therefore important to determine at what point the conformity of the goods is assessed and how long the seller's liability for non-conformity of goods with the contract lasts, or within what deadline the consumer can use the prescribed legal remedies. Extending the deadline from six months to one year, assuming that the defect existed at the time of delivery of the goods, represents a significant innovation in Directive (EU) 2019/771, along with the fact that EU Member States are allowed, in addition to being a directive of maximum harmonization, to introduce a longer deadline of two years compared to the solutions offered in the previous Directive 1999/44/EC. Based on this, the analysis in this paper is limited to presenting assessments of the quality of the proposed innovations for implementation by EU Member States in the form of regulatory options contained in the new Directive (EU) 2019/771 compared to the previous Directive 1999/44/EC, all with the aim of drawing appropriate conclusions on the most important changes to the previous concept of seller liability, as well as improving the existing level of consumer protection in the unified digital market of the EU

• Details
• Contents