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Legal Literature

Legal Literature Details
Member State Malta
Title A study of Maltese and foreign legislations governing guarantees in contracts for the supply of goods and services to consumers
Subtitle
Type monograph
URL
Author SAMMUT, T.
Reference University of Malta, LL.D thesis
Publication Year 1997
Keywords commercial guarantee, guarantee, service

Consumer Sales and Guarantees Directive, link

This thesis considers the situation in Malta as regards guarantees to consumers prior to the implementation of Directive 1999/44/EC. The author considers the warrant of latent defects contained in the Maltese Civil Code in some detail. The author and then considers the guarantees for the supply of services to consumers contained in Maltese civil law. She also compares the legal guarantee to commercial guarantees.
Although today consumers would generally use the Consumer Affairs Act it will be noted that the Civil Code provisions as regards latent defects can still be utilised by the consumer, notwithstanding the provisions of the Consumer Affairs Act which implement Directive 1999/44/EC. This thesis therefore provides an interesting insight in the position of the consumer from a purely civil point of view. Moreover, guarantees with regards to services would still be regulated by the Civil Code provisions examined by the author.

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