NOVI KONCEPT USKLAĐENOSTI ROBE S UGOVOROM PREMA DIREKTIVI (EU) 2019/771
NEW CONCEPT OF CONFORMITY WITH THE CONTRACT ACCORDING TO DIRECTIVE (EU) 2019/771

Summary/Abstract: Important changes in consumer sales law occurred with the adoption of the new Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods, which modernized the traditional sales law according to digitalization requirements. Although it follows the same conceptual framework of conformity with the contract as Directive 1999/44/EC it also brings a considerable amount of new legal solutions. Instead of the principle of conformity with the contract, Directive (EU) 2019/771 now prescribes a combination of clear subjective and objective criteria for conformity, whereby objective criteria are favored for the purpose of better consumer protection. On the other hand, bearing in mind that the definition of the notion „goods“ has been expanded to include „goods with digital elements“, the conformity criteria have been supplemented with additional requirements such as update obligation. Another important change concerns the degree of harmonization, so instead of minimum harmonization, the EU Member States were faced with a clause of maximum harmonization which affects most of the provisions of the new Directive. The aim of the paper is to critically analyze the criteria of conformity, since the new rules regulating the relationship between subjective and objective criteria of conformity are one of the most important changes that have occurred in European sales law in the last twenty years.

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