Impact of the implementation of Directive 2019/771 (SDG) on the consistency of civil law regulations regarding seller's liability towards consumers and other buyers for the defectiveness of goods

被引:0
|
作者
Garnowski, Konrad [1 ]
机构
[1] Univ Szczecin, Szczecin, Poland
来源
STUDIA PRAWNICZE KUL | 2024年 / 01期
关键词
consumer protection; Civil Code; Act on consumer rights; Directive; 2019/771;
D O I
10.31743/sp.16542
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The paper analyzes the method of implementation of Directive 2019/771 with regard to the non -conformity of goods with the contract to the Polish legal order and assesses the impact of this implementation on the consistency of national law regulations. The article focuses on the relationships between the current regulations of the Act on Consumer Rights on the non -conformity of goods with the contract and the corresponding regulations of the Civil Code on warranty. The analysis is carried out using the formal -dogmatic method and legal -comparative method. The author comes to the conclusion that the amendment leads to the disruption of the internal consistency of civil law. Despite the implementation of Directive 2019/771 in the Act on Consumer Rights, the regulations of the Civil Code have not been correctly adjusted in order to maintain consistency within the protection granted by Polish law to the various categories of consumers (consumers purchasing movable goods and consumers purchasing real estate). Moreover, the principle of a higher level of consumer protection compared to bilateral professional trade (B2B) and general trade (C2C) has been disrupted.
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页数:18
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