The Legal Regime of Trader's Liability, Regulated by the Laws on Consumer Protection - a New Paradigm
AbstractThe traders are assigned ex lege a number of acknowledged professional obligations, like the obligation of registering in the Trade Register. Besides these traditional obligations, new and complex obligations have been regulated for traders, obligations that are specific to the tradersconsumers relation. These regulations are subordinated to the Consumer Law domain, which in Romania represents a contemporary creation, a result of the process of transposing the communautaire acquis. Consumer protection is regulated by general and specific rules, the latter ones referring to the following sub domains: advertising; informing about the prices of the products offered to the consumers for sale; unfair clauses from the contracts concluded between the traders and the consumers; the contracts negotiated away from business premises; concluding and executing distant contracts related to financial services; consumer credit; packages of tourism services; protection of the contracts related to the right to use some immovable goods for a limited period- timeshare; selling of the products and warranties associated; general safety of the products; responsibility of the producers for the damages generated by the defective products; unfair commercial practices and ways to cease the unlawful practices in respect of the protection of consumers’ collective interests. New obligations for the traders are established through the content of both general and specific regulations, obligations that are effected in imperatives and especially in interdictions.The legal regime of the obligations that resulted this way transcend the regime of the traders’ traditional obligations, making up the new paradigm of the traders’ activity and it represents the theme of this paper. Our research focused on determining the obligations set-up for the traders through both categories of rules and through their legal regime. As a result of the research carried on this theme, we conclude that setting-up this new category of obligations for the traders represents an actual means of achieving the aim of ensuring the consumer protection, adding-up to other legal means set-up in this regard.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoArticle provided by Faculty of Economics in Osijek, Croatia in its journal Interdisciplinary Management Research.
Volume (Year): 5 (2009)
Issue (Month): ()
traders; professional obligations; Consumer Law; unfair practices; misleading and aggressive practices ; consumer credit; advertising.;
Find related papers by JEL classification:
- D18 - Microeconomics - - Household Behavior - - - Consumer Protection
- F10 - International Economics - - Trade - - - General
You can help add them by filling out this form.
reading list or among the top items on IDEAS.Access and download statisticsgeneral information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Branko Matic, PhD).
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.