| Abstract [eng] |
This master thesis provides analysis of the consumer remedies for a lack of conformity under the new Directive (Directive 2019/771). The consumer remedies for a lack of conformity revealed examining both text of Directive, doctrine and consumer dispute resolution bodies interpretations. Every consumer has a reasonable and legitimate expectation to receive a product that meets the quality when purchasing a product under a sales contract. In cases where the product purchased by the consumer does not meet the quality requirements, the consumer has the right to consumer remedies which is one of the most important measures to ensure the interests of the consumer in the sales with entrepreneur. The importance of ensuring the interests of consumers is also noted in the Constitution of the Republic of Lithuania. Examining this topic of the master's reveals the problematic aspects of consumer remedies for a lack of conformity in terms of consumer interests. This thesis analyses the impact of the maximum harmonization nature of the Directive on the consumer's right to choose a remedy by his own decision and the significance of the hierarchy of remedies for consumers in Lithuania. It also examines possible changes in consumer interests in the future due to the importance of achieving more sustainable consumption patterns and a circular economy. Two level remedies are analyzed separately: requirements for repairs and replacements implementation, the conditions for applying a price reduction and termination of the sales contract and termination exception. |
