Changes in the Protection of the Consumer Right to Compensation of Damage Caused by Defective Products Introduced by Lithuanian Membership in the European Union
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Abstract
Compensation for the damage caused by defective products was identified as a special tort only in the Lithuanian Civil Code of 2000. Until then, compensation for the damage caused by defective products or services had been provided for customers on common grounds. The entry of Lithuania into the European Union created the necessity to unify business conditions and the level of consumer protection. The article shows the conditions for the appearance of tort, its differences from the provisions determined by the Directives of the European Union, and the problems of implementation. The publication discusses the content of the changes.
By employing the analytical and comparative methods, the author examines the provisions of the existing legislation and demonstrates its incompliance with the regulation provided by legal acts of the European Union, as well as the necessity to approximate those provisions. At the same time, the transformation in the business environment and the protection of consumer rights caused by the change is also revealed here.
Incompliance with the provisions of the European Union Directives necessitated amendment of the provisions of the Lithuanian Civil Code regulating the definition of persons liable for the damage, the concept of damage, and the grounds for exempting the producer from civil liability. This was done by way of comparing the previously existing provisions with the rules established in the Lithuanian Civil Code and highlighting the differences. The article discusses whether those amendments were a necessity or an expression of the Lithuanian legislator’s choice. The author analyses what determined one or another decision. The article also examines the differences in the grounds for the exemption of civil liability for the compensation for damage caused by defective products and defective services.
The article will prove useful for the interpretation of rules on civil liability; it also provides a better understanding of the change in the legal business environment caused by the European Union membership, as well as other possibilities for the protection of consumer rights.
By employing the analytical and comparative methods, the author examines the provisions of the existing legislation and demonstrates its incompliance with the regulation provided by legal acts of the European Union, as well as the necessity to approximate those provisions. At the same time, the transformation in the business environment and the protection of consumer rights caused by the change is also revealed here.
Incompliance with the provisions of the European Union Directives necessitated amendment of the provisions of the Lithuanian Civil Code regulating the definition of persons liable for the damage, the concept of damage, and the grounds for exempting the producer from civil liability. This was done by way of comparing the previously existing provisions with the rules established in the Lithuanian Civil Code and highlighting the differences. The article discusses whether those amendments were a necessity or an expression of the Lithuanian legislator’s choice. The author analyses what determined one or another decision. The article also examines the differences in the grounds for the exemption of civil liability for the compensation for damage caused by defective products and defective services.
The article will prove useful for the interpretation of rules on civil liability; it also provides a better understanding of the change in the legal business environment caused by the European Union membership, as well as other possibilities for the protection of consumer rights.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
