A CRITICAL EXAMINATION OF THE NATIONAL AND EUROPEAN LEGAL PROVISIONS REGARDING SELLERS' LIABILITY FOR NON-CONFORMITIES RELATED TO THE SALE OF GOODS
A CRITICAL EXAMINATION OF THE NATIONAL AND EUROPEAN LEGAL PROVISIONS REGARDING SELLERS' LIABILITY FOR NON-CONFORMITIES RELATED TO THE SALE OF GOODS

Summary/Abstract: In the last decades, humanity has known an unbelievable development, which expresses itself in many areas, especially industry and trade. These have an essential role, because they satisfy the needs of humans as consumers, whose interests can be accomplished not only by the accumulation of goods which comply with the sales agreement, but also by the correct compensation for the damages they have suffered. Since we operate with juridical instruments from the area of private law, the legislator should provide optimal mechanisms for achieving the balance between the interests of the producer and the seller, on the one hand, and those of the consumers, on the other. Unfortunately, the careful analysis of the positive law provisions (European and national) brings to our attention that the legal relations between parties are disproportionate, as the consumer is at the discretion of the producer and the seller.

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