Consumer Contracts and Consumer Protection

Consumer protection consumer exemptions art 16

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Unformatted text preview: CTION. CONSUMER exemptions (art. 16) exemptions - vending machines - another automatic machines located in commercial premises - capital investments - insurance (incl. membership to open pension funds and reinsurance) membership to open - connected with banking operations and co-operative saving and banking operations crediting accounts - pensions - financial operations with a fixed time llimit and options imit and fixed - concluded with the telecommunications operators involving use of public payphones - real estate (NO rental) (NO rental - auction sales + sales of foodstuffs supplied recurrently to the customer’s household or sales to the workplace + accommodation, transport, leisure and catering business accommodation transport, leisure CONSUMER CONTRACTS. CONSUMER PROTECTION. CONSUMER 4. Standard form contracts 4. contracts civil code amendment 2000 (art. 384-385) civil adoption of EU Directive 97/13 adoption EU Directive art. 384 art. - scope: standard form contracts (incl. general standard contracts general conditions) - binding if presented at the time of the contract conclusion - given to the consumer, no just an extract to the no just CONSUMER CONTRACTS. CONSUMER PROTECTION. CONSUMER - exemption: common feature of a business common business relationship → binding if easily accessible to the other party to the → not admitted in consumer contracts not admitted Art 385, 385¹ - 4 385 - seller obligated to ensure that all terms are formulated to ensure clearly - ambiguities to be interpreted in favor of the consumer to interpreted - provisions not negotiated void if infringe good not negotiated customs or consumer’s interest - llist of abusive clauses (pp. 471-473) ist of CONSUMER CONTRACTS. CONSUMER PROTECTION. CONSUMER 5. Statutory warranty. 5. Statutory civil code: consumer contracts (art. 556) civil consumer minumum standard of protection minumum standard of physical and legal defects physical inconsistency with the contract inconsistency seller liability for defects seller for defects - reduced value or utility - regard to the contractual/common purpose to the - product not possessing supposed properties not possessing - product passed in incomplete condition - encumbered by the right of third party by the CONSUMER CONTRACTS. CONSUMER PROTECTION. CONSUMER exemption: buyer knew...
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This document was uploaded on 03/02/2014.

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