Právna náuka

Consumer Rights Directive, link

Nové prostriedky ochrany spotrebiteľa v spotrebiteľských sporoch podľa CSP.

The legal specificities of consumer relations, which are largely reflected in the substantive law, have also influenced the procedural law and transposed into Civil Dispute Settlement. The author of the submitted contribution points to the strengthening of consumer legal protection, already covered by the norms of substantive law provided for them by the new CSP. The paper draws attention to the specificities, deviations and application issues in the consumer dispute resolution process, which are different from the decision-making process of other "standard disputes". The author deals with the issue of breach of the principle of the adversarial nature of court proceedings in the case of consumer disputes, the principle of concentration in consumer disputes, as well as the broad consumer education duty of courts, or the limitation of the possibilities of arbitration. The author's goal is also to point out some application issues that can bring judicial practice into the ‘consumer dispute resolution process’ in the light of one of the fundamental rights, which is the right to a fair trial.