Contractual guarantee or legal guarantee as a tool on respecting consumer rights?

Session

Law

Description

The right of the buyer to be reimbursed in various forms, in cases where the items were defective, has been recognized since the in the early adjustment of the sales contract. The 1994 Civil Code established to the buyer a number of rights when the purchased items are flawed. The buyer's right for these defects is conditioned by the time period for denouncing them. In attempts to join the European Union and even because the Albanian legislation is aligned with the acquis, consumers in Albania are not offered the right protection for non-food products. One of the obligations of traders deriving from the Law "On Consumer Protection" is the accompaniment of any product purchased with warranty, producing legal effects, consumer protection. This article aims to discuss the issues and clashes between the Civil Code and the Law "On Consumer Protection", the first in the role of ordinary buyer and consumer. From a practical point of view, the Best Practice Models of the European Court of Justice will be analyzed.

Keywords:

consumer, warranty, merchant

Session Chair

Albulena Ukimeraj

Session Co-Chair

Behar Selimi

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-437-69-1

Location

Pristina, Kosovo

Start Date

27-10-2018 1:30 PM

End Date

27-10-2018 3:00 PM

DOI

10.33107/ubt-ic.2018.260

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Oct 27th, 1:30 PM Oct 27th, 3:00 PM

Contractual guarantee or legal guarantee as a tool on respecting consumer rights?

Pristina, Kosovo

The right of the buyer to be reimbursed in various forms, in cases where the items were defective, has been recognized since the in the early adjustment of the sales contract. The 1994 Civil Code established to the buyer a number of rights when the purchased items are flawed. The buyer's right for these defects is conditioned by the time period for denouncing them. In attempts to join the European Union and even because the Albanian legislation is aligned with the acquis, consumers in Albania are not offered the right protection for non-food products. One of the obligations of traders deriving from the Law "On Consumer Protection" is the accompaniment of any product purchased with warranty, producing legal effects, consumer protection. This article aims to discuss the issues and clashes between the Civil Code and the Law "On Consumer Protection", the first in the role of ordinary buyer and consumer. From a practical point of view, the Best Practice Models of the European Court of Justice will be analyzed.