Legal Literature

Legal Literature Details
Member State Estonia
Title The applicability of the consumer sales contract provisions in the relation between a seller and a lessee who is a consumer
Type article
Author SEIN, K.
Reference Juridica V 2012, pages 376-383.
Publication Year 2012
Keywords consumer rights, minimum harmonisation

Consumer Sales and Guarantees Directive, Article 7, 1.

The article raises the question whether in case a consumer as a lessee has concluded a leasing contract should have the right to use consumer sales contract provisions in the relations with the seller. More specifically, the author suggests that should a consumer not have such right according to the Estonian law, the relevant Estonian law provisions may not comply with Article 7 (1) of Directive 1999/44/EC. The author of the article is of the opinion that the consumer sales contract provisions shall apply in the described case and regardless of whether the seller is aware of the consumer status of the lessee.
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