Speciality of the Consumer Rights Protection in the European Union and Lithuanian Law
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Abstract
The main interest of the research is to identify common principles of EU Consumer Protection Law and Lithuanian law. The EU Consumer Protection Law builds upon a principle of compensation of the market. According to the analysis of the Lithuanian legal acts, the principle of the consumer protection is realized in the Constitution of the Republic of Lithuania alongside with the guarantees realized in the Civil Code, Legislation Acts of Parliament and Governmental Acts.
Various states of the continental law tradition have Civil Law Codification or Commercial Law Codification and separate legislative acts for regulation of consumer protection (similarly to the law system in Germany and Austria). The continental private legal order is based on the formal equality of the subjects under abstraction of the intended purposes. Whether one can achieve this limitation to consumers by a conversion in a Civil Codification Act (German BGB/Austrian ABGB/Lithuanian CC), is not undisputed. It is necessary to fix the systematic survey of the consumer protection rules in regard to the system of Private Law. The examples are present in German BGB – Article 13 and 14 consumer / enterprise; Austrian ABGB and KSchG-consumer / enterprise. The Lithuanian Legal Order must take into account the regulation from the continental European countries such as Germany and Austria.
The Lithuanian Consumer Law is based on the EU legal requirements. It is more a technical question of enforcement of EC Directive, because the Lithuanian Consumer Protection Law is identical to the EU Consumer Protection Law.
The national legislator can select different methodologies for domestic implementation of EU Consumer Protection Law. The Civil Code is to be understood as a universal legal act for purposes of consumer rights protection in the Republic of Lithuania. The Law on Consumer Protection is a special legal act, supplementing the norms of the Civil Code on consumer rights protection. The Lithuanian Constitutional Court, Supreme Court and ordinary courts are responsible for EU Law conformity with the national law.
Various states of the continental law tradition have Civil Law Codification or Commercial Law Codification and separate legislative acts for regulation of consumer protection (similarly to the law system in Germany and Austria). The continental private legal order is based on the formal equality of the subjects under abstraction of the intended purposes. Whether one can achieve this limitation to consumers by a conversion in a Civil Codification Act (German BGB/Austrian ABGB/Lithuanian CC), is not undisputed. It is necessary to fix the systematic survey of the consumer protection rules in regard to the system of Private Law. The examples are present in German BGB – Article 13 and 14 consumer / enterprise; Austrian ABGB and KSchG-consumer / enterprise. The Lithuanian Legal Order must take into account the regulation from the continental European countries such as Germany and Austria.
The Lithuanian Consumer Law is based on the EU legal requirements. It is more a technical question of enforcement of EC Directive, because the Lithuanian Consumer Protection Law is identical to the EU Consumer Protection Law.
The national legislator can select different methodologies for domestic implementation of EU Consumer Protection Law. The Civil Code is to be understood as a universal legal act for purposes of consumer rights protection in the Republic of Lithuania. The Law on Consumer Protection is a special legal act, supplementing the norms of the Civil Code on consumer rights protection. The Lithuanian Constitutional Court, Supreme Court and ordinary courts are responsible for EU Law conformity with the national law.
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Please see Copyright and Licence Agreement for further details.
