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- Title
PRECIZĂRI TERMINOLOGICE PRIVIND GARANŢIA COMERCIALĂ ŞI GARANŢIA LEGALĂ DE CONFORMITATE.
- Authors
ŞCHIOPU, Silviu-Dorin
- Abstract
Romanian Law no. 449/2003 transposed into the national legislation the Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees. From the moment of its enforcement until 2016 it was found, based on the notifications and complaints registered within the National Authority for Consumer Protection, that certain aspects of the law were not well understood neither by the economic operators, nor the consumer and, in this respect, a completion of the law was proposed. These changes also included an express legal definition of the notion of 'commercial guarantee' and that of 'legal guarantee of conformity'. Therefore, does not lack interest an incursion in the evolution of the regulation of the two aforementioned notions, the more so since neither the general public, nor the case law always seem to really distinguish or fully understand the two. All this considered, we recall that no later than last year a Romanian court stated that the 'legal guarantee of conformity' is due only if the product does not benefit from a 'commercial guarantee' and that while Directive 1999/44/EC clearly specifies that the (commercial) guarantee shall state that the consumer has legal rights under applicable national legislation governing the sale of consumer goods (the legal guarantee of conformity) and makes clear that those rights are not affected by the (commercial) guarantee.
- Subjects
CONSUMER goods; CONSUMER protection; JUDGE-made law; LEGAL rights; DEFINITIONS
- Publication
Universul Juridic, 2020, Issue 2, p56
- ISSN
2393-3445
- Publication type
Article