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Unformatted text preview: CTION.
exemptions (art. 16)
- 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
crediting accounts - pensions - financial operations with a fixed time llimit and options
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
+ accommodation, transport, leisure and catering business
accommodation transport, leisure CONSUMER CONTRACTS. CONSUMER PROTECTION.
CONSUMER 4. Standard form contracts
civil code amendment 2000 (art. 384-385)
adoption of EU Directive 97/13
adoption EU Directive
- scope: standard form contracts (incl. general
conditions) - binding if presented at the time of the contract
conclusion - given to the consumer, no just an extract
no just CONSUMER CONTRACTS. CONSUMER PROTECTION.
CONSUMER - exemption: common feature of a business
→ binding if easily accessible to the other party
to the → not admitted in consumer contracts
not admitted Art 385, 385¹ - 4
- seller obligated to ensure that all terms are formulated
- ambiguities to be interpreted in favor of the consumer
interpreted - provisions not negotiated void if infringe good
customs or consumer’s interest - llist of abusive clauses (pp. 471-473)
ist of CONSUMER CONTRACTS. CONSUMER PROTECTION.
CONSUMER 5. Statutory warranty.
civil code: consumer contracts (art. 556)
minumum standard of protection
minumum standard of
physical and legal defects
inconsistency with the contract
seller liability 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.
- Spring '14