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Vol 2, Issue 1, 2013
Pages: 260 - 268
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Received: >> Accepted: >> Published: 01.09.2013. None of above

Protection Of Consumer Rights In The Contracts Concluded Away From Business Premises And Distance Contracts As The Objective Of Trade Policy

By
Danijela M. Glušac ,
Danijela M. Glušac

Visoka poslovna škola strukovnih studija u Novom Sadu , Novi Sad , Serbia

Dragana Lj. Gašević ,
Dragana Lj. Gašević

Visoka poslovna škola strukovnih studija u Novom Sadu , Novi Sad , Serbia

Marija D. Lazarević ,
Marija D. Lazarević

Visoka poslovna škola strukovnih studija u Novom Sadu , Novi Sad , Serbia

Milica S. Stanković
Milica S. Stanković

Visoka poslovna škola strukovnih studija u Novom Sadu , Novi Sad , Serbia

Abstract

Market business has caused the emergence of complex business relationships that are in the sphere of private law resulted in complex contracts and inequality of the parties as the basis for numerous abuses to the detriment of consumers. This created a need for public-law protection by establishinig legal framework for the consumer protEZtion in order to ensure balance between the positions of the parties. The protECtion of EConomic interests of consumers is an important part of human rights protECtion. On the other hand, it reflECts on the market efficiency and the efficiency of the EConomy. The issue of consumer protECtion in the developed market EConomies and societies is not rECent, but in the EConomies and societies in transition it is one of the contemporary issues that require spECial attention. The achievement of European standards of consumer protECtion is an important obligation for Serbia in the European integration process. The Consumer ProtECtion Law was adopted in Serbia in 1.1.2011. and for the first time in the Serbian legal system it introdused 10 provisions of European dirEZtives and thus provided almost full compliance with EU law. More common forms of contracting sale of goods or services are distance contracts and contracts negotiated away from business premises. In the process of harmonization national legislation with the EU it is nEZessary to take into account the Council DirEZtive 85/577/EEZ of 20 DEZember 1985 to protEZt the consumer in respECt of contracts negotiated away from business premises and 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. This paper examines and analyzes the level of protECtion for consumers which is ensured in these contracts.

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