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Legal Literature

Legal Literature Details
Member State Finland
Title Incorrectly about defect in the Consumer Disputes Board’s decision practice – a short commentary about the relation between the Consumer Protection Act’s defect assumption rule and the guarantee rule
Subtitle
Type article
URL
Author SANDVIK, B.
Reference Defensor Legis 2012/4, page 566.
Publication Year 2012
Keywords guarantee, liability, passing of risk, risk

Consumer Sales and Guarantees Directive, link Consumer Sales and Guarantees Directive, Article 1, 2., (e)

This comment contains a discussion about the relationship between Chapter 5 Section 15a subsection 1 (guarantee regulations) and Chapter 5 Section 15 subsection 2 (so-called time assumption regulation) of the Consumer Protection Act. The author criticizes the Consumer Disputes Board's ruling practice. He claims that the Board logically applies guarantee regulations in Chapter 5 Section 15a subsection 1 without any reference to the so-called time assumption regulations in Chapter 5 Section 15 subsection 2. According to the author, the possibility that the wrongful application of the law could have had a decisive relevance in the Board's decisions can not be excluded.

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