Naslov
Influence of Implementation of the Directive on Consumer Rights on the Croatian Obligation Law

Autori
Belaj, Ivan ; Topić, Ivana

Izvornik
Humanities and social sciences review (2165-6258) 7 (2017), 2; 11-24

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
Consumer ; Harmonization ; Contract law ; Directive on Consumer Rights

Sažetak
After extensive public debate on this matter, the European parliament and the Council of the European Union passed the Directive on Consumer Rights (2011/83/EC) amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council. Member states of the European Union had to transpose the Directive on consumer rights into their national laws by 13th of December 2013 and had to a pply laws implementing Directive from 13th of June 2014. The Republic of Croatia implemented the aforementioned Directive into its Consumer Protection Law which was passed in the Croatian Parliament on 21st of March 2014 and came into force on 8th of April 2014. The main purpose of this paper is to research the influence of implemented regulations on Croatian civil law system, especially on obligation law. There is a notable growing gap between regulations related to business-to-consumer (B2C) and consumer-to-consumer (C2C) which is not in tradition of the Croatian civil law. Also, there is a few completely new institutes implemented in the Consumer Protection Law (for example, right of with drawal) which have not been a part of Croatian obligation law. The paper will also research how some measures from Directive could be interpreted in the light of some fundamental principles of Croatian obligation law such as the principle of integrity and honesty. In conclusion, authors’ opinion is that implementation of the Directive in question, but also similar legal rules of the European Union, has a significant impact on fragmentation of obligation law system of the Republic of Croatia, which is contrary to the goal of creating consistent legal system.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA