| Abstract [eng] |
Master thesis analyzes two European Commission’s proposed directives on consumer rights protection in electronic commerce. The goal is to specify, clarify and to eliminate legal uncertainty regarding transactions taking place in electronic commerce, especially regarding legal aspects of the conformity rules, since it is not regulated at European Union level. The reason of the research is to examine proposed directives, as they will harmonize consumer protection across the European Union. In order to evaluate the European Commission’s proposed directives, the thesis is considered whether the full harmonization principle is adequate and appropriate, as it will restrict the Member States’ freedom of choice. In some countries, a higher consumer protection is applied over the proposed directives. Due to that thesis gives an overview of how this would affect latter countries. Also, it is assessed whether the legal form chosen – a directive and especially two separate directives is the right choice for the purpose of full harmonization of consumer protection among Member States. In another part of the thesis, it is compared and evaluated the European Union Member States’ practices and proposed directives on the period of conformity rules and related issues. Furthermore, in the digital content directive, as in the new legal regulation, there is an important controversial issue of the consequences of the termination. The uncertainty and ambiguity deters consumers from the purchase of digital content, since it is likely that consumers’ rights may be breached. Thus, the proposed directives would be a serious breakthrough regulating consumers’ rights in electronic commerce. However, to achieve a high level of consumers’ protection and clarification in the legal regulation it is necessary to review which road of harmonization is the best. |
