Damages Caused by a Defective Product as an Instrument of Consumer Protection Cover Image

koda způsobená vadou výrobku jako ochrana spotřebitele
Damages Caused by a Defective Product as an Instrument of Consumer Protection

Author(s): Zuzana Frantíková
Subject(s): Civil Law
Published by: Univerzita Palackého v Olomouci
Keywords: damages liability; damages; defective product; producer; consumer protection;

Summary/Abstract: The new Civil Code has annulled completely or partly 238 legal acts and one of them inter alia was Act No. 59/1998 Sb., on defective product liability. The legislation regulated in the above-mentioned act is at the moment regulated in Sections 2939–2943 of the Civil Code. This legislation applies to any product marketed in the European Economic Area. It applies to compensation for health, death and damaged caused to another product. The compensation for material damage shall be limited to goods for private use or consumption with a lower threshold of 500 Euro. This legal regulation is based on the principle of full harmonisation and it helps to improve the position of consumers, on the other hand it does not prevent national legal orders to widen the area of protection and to include services or cancel the limitation to goods for private use or to cover immaterial damage, as well.

  • Issue Year: 11/2016
  • Issue No: 3
  • Page Range: 71-78
  • Page Count: 8
  • Language: Czech