Adgang til omlevering kontra afhjælpning i forbrugerkøb

Union Jack
Dannebrog

Adgang til omlevering kontra afhjælpning i forbrugerkøb

Show full item record

Title: Adgang til omlevering kontra afhjælpning i forbrugerkøb
Author: Møller, Ditte
Abstract: This presentation deals with the issue of consumer's right to apply various remedies for defect products. The primary focus of this project is on consumer access to repair or replacement. Existing Directive has amended the existing legal situation in this area and it must be examined what effects this has had on the consumers rights. Moreover, there has recently been submitted a proposal for a new Directive, which significantly modifies the legal situation for the consumer in connection to the repair versus replacement issue. It appears, inter alia, that the right to choose between repair and replacement should no longer be with the consumer, but with the vendor. Because the seller often will prefer to repair rather than to replace the defect product while the consumer in many cases would prefer replacement, there is a risk the consumer status will deteriorate. The new directive is a full harmonization directive, and is thus an expression of a more extensive intervention in the nations access to set the level for consumer protection. There are many arguments in support of a total harmonization of the rules, so this only dealt with briefly. Conversely, it is important to find out how the contents of a total of harmonized legislation in this area should look when several factors are taken into account. The purpose of this project will therefore be to examine changes in consumers' legal position and what consequences this has in an impact-oriented economic perspective. It becomes a question of what economic welfare and efficiency implications arising from the different legal conditions. If the buyer in most cases is not allowed to choose replacement, it will be of great importance for the number of repairment attempts the vendor is awarded before he loses his right to repairment. Therefore it would be more interesting to investigate how many repairment attempts that should be allocated to the seller and here is Consumer Complaints Board practice somewhat unclear. After examination and discussion of the relevant Directive in the light of the Consumer Complaints practices and proposals for new directive establishes a model that aims to create clarity about what number of repairment attempts vendor should be awarded, if analyzed in a social-economic and efficiency perspective.
URI: http://hdl.handle.net/10417/751
Date: 2009-11-19
Pages: 95 s.
Files Size Format View
ditte_moeller.pdf 695.8Kb PDF View/Open

The following license files are associated with this item:

This item appears in the following Collection(s)

Show full item record