| Abstract [eng] |
Theoretical and Practical Problems of Unfair Commercial Control Implementation Every consumer is faced with a situation when his interests are violated, and one of the ways to restore the violated rights is civil liability, which, according to Article 6.245 paragraph 2 of the Civil Code of the Republic of Lithuania is divided into contractual and tort. The relationship between non- contractual and contractual liability is a relevant problem not only in Lithuania , but also in other countries. Essential problem, which is relevant in the context of the control of unfair commercial practices, both for the parties to the proceedings and the courts, is the highly complicated distinction between tort and breach of contract, as certain acts often have both contractual and tort breach and the same factual circumstances. qualify both as a tort and as a breach of contract. For this reason, the delimitation of contractual and non-contractual liability often arises in case law . Therefore, the aim of the master's thesis is to determine the peculiarities of the delimitation of contractual and non-contractual liability in the context of the implementation of the control of unfair commercial activities. The subject of the work is non-contractual liability in the context of the implementation of the control of unfair commercial practices. The hypothesis - the main problem of implementation of unfair commercial activity control - is a very complicated distinction between tort coincidence and breach of contract. This master thesis analyzes in detail cases of law, which is designed to determine the most frequently occurring tort and contractual liability, the separation between the problematic features of unfair commercial practices in the control of the implementation of context. The first work in , performed scientific literature , statistics, analysis of documents, in order to analyze the non-contractual liability of the concept and identify the essential contractual and non-contractual liability between the signs, unfair commercial practices in the control of the implementation of the context and identify tort and contractual liability between the separation of problematic features of unfair commercial practices control in the context of implementation. The second part of the work aims to identify and evaluate the most common aspects of non-contractual liability, such as: the most common cases of claims for damages caused by unfair commercial practices; grounds for damages; unfair / misleading advertising, directly and indirectly violating the peculiarities of economic interests of respondents and legitimate competitors, the chosen method of quantitative research, questionnaire survey of respondents. The survey revealed that the most common in the practice of the respondents are cases when the damage suffered by the latter is compensated by the entities that were responsible for the causes of its occurrence. However, there are also cases when the entity that caused the damage did not compensate for the damage suffered, so the respondents were forced to contact the relevant authorities. In summary, it can be concluded that consumer protection, ie : claiming damages based on the good faith of the business, and consumer problems with unfair commercial practices remain unresolved due to the fact that some consumers do not take any action against unfair commercial practices. |
