THE CONSISTENCE OF A SERIES OF TERMS IN THE ROMANIAN LAW CONCERNING CONSUMPTION REGULATION
Abstract
Given that approximately 70% of Romanian households’ incomes are targeted to consumption, establishing a sTable and coherent legal regime for the rights of what we call the consumer is extremely important.What is the consumer and the professional is not a question easy to answer, considering the use of these concepts in various acts and especially with changing acquis
Romanian consumer rights are included as a principle in the Consumer Code and are detailed in various vertical sectors, through various regulations. It is therefore necessary to create horizontal tools to unify these prerogatives.
References
[2] Memento Praqtique Francis Lefebvre. 2001. Concurrence Consommation, Edition Francis Lefebvre, Levallois, France.
[3] Payet, M.S., 2001. Droit de la concurrence et droit de la consummation, Dalloz, Paris.
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[5] Law no.363 from 21/12/2007 published on the Official Monitor, Part I no. 899 from 28/12/2007 concerning the fight against the incorrect practices of traders in their relation with consumers and the harmonization of the national regulation with the European regulation concerning consumer protection.
[6] Law no. 296 (r1) from 28/06/2004 concerning the Consumption Code.
[7] Council Directive 93/13/EC of 5 April 1993 on unfair terms in consumer contracts.
[8] Directive 97/7/EC of the European Parliment and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
[9] Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
[10] Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).
[11] Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC.
[12] Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts.
[13] Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers.
[14] Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours.
[15] Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council („Unfair Commercial Practices Directive”).
[16] Unfair Contract Terms Act 1977.
[17] The Court of Cassation Decision on 28 April 1987 (JCP 1987. II. 20893 Juris-classeur periodique).
[18] R&B Customs Brokers Ltd. V United Dominions Trust Ltd., [1988] WLR 321.
[19] Consumer Law Compendium Comparative Analysis, Part 3. Common structures in the Directives, A. The notion of “consumer”, de Martin Ebers disponibil la adresa de internet http://www.eu-consumer-law.org/consumerstudy_part3a_en.pdf
[20] Green Paper on the Review of the Consumer Acquis.
Keywords
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