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Pavelas Ravluševičius

Abstract

The point of the research subject is the methodological aspect in the national legislation by enforcement of European consumer protection law in the domestic legal order of the Republic of Lithuania. The argumentation lays in the results of comparative analysis in selected legislation of European countries of continental law tradition (Austrian, German and Polish model of transposition).
Additionally, the question about the consequences of the domestic implementation of the regulation specifications has to be considered. The main interest of the research is to elaborate a specific plan of the common principles for the implementation of the European directives into domestic law. The idea to protect the freedom of contract in private law may call for a clear separation of the general regulations and the consumer protection standards in a form of a consumer protection act, as has to be done in the Austrian model of private regulation.
The research starts with a systematic survey of the consumer protection rules in relation to the system of private law. The question play an outstanding role in the emergence, authentication, the subject and the private components of the law, concretion of the regulation place of the EC directives in the national legal order, the directives character and on the primary authorization bases in the EC – Treaty law. The next chapter of the work deals with Council Directive 93/13/EEC on unfair terms in consumer contracts. The final chapter presents the results and the conclusions of the research. The research is concerned not only with the system of the Lithuanian law but, in some points, with the German, Austrian and Polish systems of law.

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Section
Articles