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Legal Literature

Legal Literature Details
Member State Slovakia
Title Consumer law and Regulation on Common European Sales law
Subtitle
Type article
URL http://epi2.epi.sk/odborny-clanok/Spotrebitelske-pravo-a-Nariadenie-o-spolocnom-europskom-kupnom-prave.aspx
Author RYCHNAVSKÝ, P.
Reference Justičná revue, 66, 2014, no. 3, p. 411-423
Publication Year 2014
Keywords aggressive commercial practices, case law, consumer, contract law, sales contract, transposition

Consumer Sales and Guarantees Directive, Article 1 Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 3, 2. Unfair Contract Terms Directive, Article 3, 3. Timeshare Directive, Article 1 Distance Selling Directive, Annex I Consumer Rights Directive, Chapter 1 Consumer Rights Directive, Chapter 6, Article 31

This article focuses on the fragmentation of legislation regulating consumer rights in Slovakia.

The article analyses the provisions of Act No. 40/1964 Coll. Civil Code, as amended with respect to consumer protection. The author points out the fact that the provisions governing consumer protection are overlapping and disarranged.

The article also describes the process of implementation of Directive 2005/29/EC, Directive 93/13/EEC and Directive 98/6/EC as well as practical issues related thereto (e.g. Article 1 of Directive 2005/29/EC is implemented in Act No. 147/2001 Coll. on advertisement, as amended and Act No. 250/2007 Coll. on consumer protection, as amended, Articles 7-9 of the Directive 98/6/EC are implemented in Act No. 250/2007 Coll. on consumer protection and Act No. 18/1996 Coll. on prices as amended, Article 1 of Directive 93/13/EEC is implemented in Act No. 40/1964 Coll. Civil Code, as amended).

The author further analyses multiple EU Directives governing consumer protection such as Council Directive 84/450/EEC, Council Directive 85/374/EEC, Council Directive 85/577/EEC, Council Directive 87/357/EEC, Council Directive 90/314/EEC, Council Directive 92/75/EEC, European Parliament Directive 94/47/EC, Directive of the European Parliament and the Council 97/7EC, Directive of the European Parliament and the Council 2000/31/EC, Directive of the European Parliament and the Council 2001/95/EC, Directive of the European Parliament and the Council 2008/48/EC, Directive of the European Parliament and the Council 2011/83/EC, the European Commission Directive 2011/90/EU as well as the warranty under the regime of Directive 1999/44/EC.

In the final paragraph, the author analyses the EU legal framework governing the common European sales law with respect to the Regulation of the European Parliament and the Council SEK (2011) 1165 and SEK (2011) 1166.
The author also describes the possibility for changing the legislation de lege ferenda into one coherent legislation.

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