Perspective ale uniformizării legislaţiei protecţiei consumatorilor: propunerea de regulament al Parlamentului European şi al Consiliului privind o legislaţie comună în materie de vânzare
Perspectives for the unification Consumer Protection Legislation: Proposal for a Regulation of the European Parliament and of the Council on Common Legislation Sales
Author(s): Mihaela-Georgiana IliescuSubject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: unification; consummer protection; European contract law; optional regime; internal market
Summary/Abstract: The purpose of Regulation of the European Parliament and of the Council on a Common European Sales Law is to improve the conditions for the establishment and the functioning of the internal market by making available, within the legal order of each Member State, a uniform set of contract law rules. These rules can be used for cross-border transactions for the sale of goods, for the supply of digital content and for related services which are conducted at a distance, in particular online, where the parties to a contract agree to do so. This Regulation enables traders, in particular small or medium-sized enterprises, to rely on a common set of rules and use the same contract terms for all their cross-border transactions thereby reducing unnecessary costs while providing a high degree of legal certainty. In relation to contracts between traders and consumers, this Regulation comprises a comprehensive set of consumer protection rules to ensure a high level of consumer protection. It approximates the contract laws of the Member States not by requiring amendments to the first national contract- law regime , but by creating a second contract- law regime for contracts within its scope. This directly applicable second regime is an integral part of the legal order applicable in the territory of the Member States. In so far as its scope allows and where parties have validly agreed to use it, the Common European Sales Law will be apply instead of the first national contract-law regime within that legal order. It is identical throughout the Union and exist alongside the pre-existing rules of national contract law.
Journal: Curierul judiciar
- Issue Year: 2016
- Issue No: 01
- Page Range: 13-19
- Page Count: 7
- Language: Romanian
- Content File-PDF