Legal Literature

Consumer Sales and Guarantees Directive, Article 1, 2., (e) Consumer Sales and Guarantees Directive, Article 2, 1. Consumer Sales and Guarantees Directive, Article 2, 3. Consumer Sales and Guarantees Directive, Article 3, 1. Consumer Sales and Guarantees Directive, Article 3, 2. Consumer Sales and Guarantees Directive, Article 5, 1. Consumer Sales and Guarantees Directive, Article 5, 3. Consumer Sales and Guarantees Directive, Article 6 , 1. Consumer Sales and Guarantees Directive, Article 6 , 2. Consumer Sales and Guarantees Directive, Article 6 , 2., - Consumer Sales and Guarantees Directive, Article 6 , 2., - Consumer Sales and Guarantees Directive, Article 6 , 3. Consumer Sales and Guarantees Directive, Article 6 , 5. Consumer Sales and Guarantees Directive, Article 8, 2.

The article refers to the commercial guarantee provided by the supplier of consumer goods. In principle, the provision of guarantee is voluntary. However, a written guarantee is mandatory for durable consumer goods. In case the supplier fails to provide to the consumer a written guarantee, the consumer has the rights deriving from the law and in particular, from the Civil Code (the so called “legal guarantee”).The commercial and the “legal” guarantee apply jointly; this means that the consumer can exercise the (same) rights, but from two different legal bases. The consumer may also exercise the rights provided by the law (Civil Code) only against the seller, while exercising at the same time the rights under the commercial guarantee against the guarantor. The commercial guarantee may have a bigger or smaller duration than the rights deriving from the general provisions of the law regarding the sale of goods (legal guarantee provided in the Civil Code has a 2 year limitation period). Furthermore, in order for the guarantee to apply, the non-correspondence of the good to the contract must occur within the guarantee’s time limits. However, in order to exercise the rights from the purchase of the goods provided in the civil code non-correspondence should also exist at the time when the risk has passed to the buyer.