| Abstract [eng] |
The object of the academic master work is to analyze the problems faced by the consumers in case of defective goods (services) and the court’s practice on this matter. The academic master work begins with the examination of the legislation and of the special quality criteria that are laid down for determining whether a particular consumer good (service) meets the quality requirements or vice versa, they do not. The conception of defectiveness is revealed in the two levels: Lithuanian and European Union; the problems associated with the transposition of the principle of conformity with the contract to the national law systems are pointed out. In the second part of academic master work the particular problematic issues that arises while consumers prove the defectiveness of goods (services) are examined, namely: the duty of the consumer to notify the trader of quality deficiencies and it’s impact on consumer rights; the legal and commercial guarantees, six-month presumption’s of non-conformity application problems and perspectives. In the third part of work each of the possible remedies in the case of defective goods (services) is separately considered; by the analysis of Lithuanian and EU’s comprehensive regulatory, case law and legal doctrine, the problems associated with each remedy is revealed and the possible solutions are given. The point worth mentioning is that in each part of the academic master work first of all the theoretical provisions are pointed out, after they are related to the case law, various positions given in legal doctrine and with researches. Since this work reacts namely to the problems of consumer’s in case of defective products, the results of it will be useful not only for consumers, but also for lawyers – scientists, law students, practicians. |
