Hibás teljesítés - irányelv-konformitás
The topicality of the present study is the modification concerning defective performance in the Proposal of 2012 on the new Civil Code of Hungary (Proposal). The regulation of defective performance has always changed time to time in Hungarian civil law, due to the particular economic system and comm...
Elmentve itt :
| Szerző: | |
|---|---|
| Testületi szerző: | |
| Dokumentumtípus: | Könyv része |
| Megjelent: |
2013
|
| Sorozat: | Szegedi Jogász Doktorandusz Konferenciák
3 Állam és jog - kodifikációs kihívások napjainkban 3 |
| Kulcsszavak: | Jogtudomány |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/71284 |
| Tartalmi kivonat: | The topicality of the present study is the modification concerning defective performance in the Proposal of 2012 on the new Civil Code of Hungary (Proposal). The regulation of defective performance has always changed time to time in Hungarian civil law, due to the particular economic system and commercial practices. Recently its issue has been of particular interest in the legislation of the European Union as well. According to the 1999/44/EC Directive on sale of consumer goods and associated guarantees (Directive), the current Civil Code of Hungary was modified in 2002. The requirements of the Directive had to be carried out in the rules of the Proposal as well. In my study I aimed to analyze these new provisions in light of conformity with the Directive. In view of the significant effect of German civil law upon Hungarian civil law, I featured the implementing rules of the German Civil Code (BGB) and compared them with the relevant provisions of the Proposal with respect to the Directive. I analyzed the rules on conformity with the contract, the legal remedies deriving from defective performance, and the deadlines concerning the enforcement of these claims. In accordance with the Directive the provisions regarding consumers were in the focus of the study. I endeavoured to point out the innovations of the Proposal that clearly aimed to facilitate the full realization of the requirements of the Directive. In my opinion the conformity with the Directive is almost absolute, only certain abovementioned aspects should be clarified, such as the lack of conformity resulting from incorrect installation or the issue of used („secondhand”) goods. |
|---|---|
| Terjedelem/Fizikai jellemzők: | 167-177 |
| ISBN: | 978-963-306-142-8 |
| ISSN: | 2063-3807 |