Suchergebnisse

The goal of this master thesis is to complete a research on the legal regulation peculiarities of food labelling and consumer protection. In order to achieve the set goal, following tasks were formed in this thesis: to analyze the legal regulation peculiarities of food labelling in legislation of European Union and Lithuania; to analyze legal regulation of requirements for labelling organic food and products that contain food additives; to provide insights regarding possibilities for consumers to implement their rights in the sphere of food labelling. One of the goals of the European Union food safety policy is to ensure the labelling of food. Therefore, after analysing the legal regulation of food labelling in the first section of the thesis, a proposition can be made that, the labelling of this sphere in the European Union is regulated by horizontal and vertical legislation. The new regulation No. 1169/2011, issued by the European Parliament and Council on the 25th of October, seeks to join, consolidate and simplify currently valid legislation regarding food labelling. The main legal document which regulates food labelling in the Republic of Lithuania is Lithuanian Hygiene Norm HN 119:2002 "Food Labelling". While the market of both organic food and products that contain additives continues to develop, the second section of the thesis analyzes the requirements set by legislation for labelling such products. The analysis of legislation that regulates the labelling of organic food shows that, the main objective of mandatory labelling of products with a certain mark that meet the requirements set for organic food in Lithuania and the European Union is to create an exclusive market for such products, and to form the perception among consumers about advantages of organic food production. Legal requirement to indicate food additives in the constitution of a product is designated in order to ensure that information provided to the consumer is sufficient to make an informed purchase, and, in some cases, to warn the consumer. Food labelling should be perceived not only as informing the consumer, but also as a part of national requirements for implemented and controlled food safety and quality. The third section analyses the possibility for consumers to implement their rights, and a conclusion can be drawn that, when an inadequately labelled food product is purchased, legislation enables the consumer to: 1) address salesperson who sold the product and, optionally, make a requirement to: replace the product with an item of proper quality; adequately reduce the price of the item; return the item to salesperson and demand to receive the spent amount of money; 2) address the State Food and Veterinary Service with a complaint (notice).

The goal of this master thesis is to complete a research on the legal regulation peculiarities of food labelling and consumer protection. In order to achieve the set goal, following tasks were formed in this thesis: to analyze the legal regulation peculiarities of food labelling in legislation of European Union and Lithuania; to analyze legal regulation of requirements for labelling organic food and products that contain food additives; to provide insights regarding possibilities for consumers to implement their rights in the sphere of food labelling. One of the goals of the European Union food safety policy is to ensure the labelling of food. Therefore, after analysing the legal regulation of food labelling in the first section of the thesis, a proposition can be made that, the labelling of this sphere in the European Union is regulated by horizontal and vertical legislation. The new regulation No. 1169/2011, issued by the European Parliament and Council on the 25th of October, seeks to join, consolidate and simplify currently valid legislation regarding food labelling. The main legal document which regulates food labelling in the Republic of Lithuania is Lithuanian Hygiene Norm HN 119:2002 "Food Labelling". While the market of both organic food and products that contain additives continues to develop, the second section of the thesis analyzes the requirements set by legislation for labelling such products. The analysis of legislation that regulates the labelling of organic food shows that, the main objective of mandatory labelling of products with a certain mark that meet the requirements set for organic food in Lithuania and the European Union is to create an exclusive market for such products, and to form the perception among consumers about advantages of organic food production. Legal requirement to indicate food additives in the constitution of a product is designated in order to ensure that information provided to the consumer is sufficient to make an informed purchase, and, in some cases, to warn the consumer. Food labelling should be perceived not only as informing the consumer, but also as a part of national requirements for implemented and controlled food safety and quality. The third section analyses the possibility for consumers to implement their rights, and a conclusion can be drawn that, when an inadequately labelled food product is purchased, legislation enables the consumer to: 1) address salesperson who sold the product and, optionally, make a requirement to: replace the product with an item of proper quality; adequately reduce the price of the item; return the item to salesperson and demand to receive the spent amount of money; 2) address the State Food and Veterinary Service with a complaint (notice).

The dissertation examines the legal regulation in the field of consumer protection against unfair commercial practices. The dissertation discusses the reasons which determined the need to adopt legal instrument, establishing consumer protection against unfair commercial practices, the development of the fair trading principle, its features formulated in the jurisprudence of the Court of Justice of the European Union, instruments which on the European Union law level in a fragmentary way harmonised particular aspects concerning fair trading. The research focuses on the analysis of the 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 (Unfair Commercial Practices Directive), emphasizing its specificity in comparison with other consumer protection instruments adopted in consumer protection field. It comprehensively examines the provisions of the Directive, reveals the structure of the prohibition of unfair commercial practices, control mechanism and its scope of application. The object of the research also includes the analysis of Lithuania's as a European Union Member State's ability to transpose the provisions of the Unfair Commercial Practices Directive into the national law. Having in mind that Lithuania has not avoided implementation errors, the author provides detailed recommendations for the national legislator suggesting the potential solutions for improving the transposition of the provisions of the Unfair Commercial Practices Directive into the national law and in such way creating conditions for the proper interpretation and application of law and ensuring proper consumer protection in this field. The analysed subject is relevant and in a wider European Union consumer law context. Author pays considerable attention to the examination of the possible impact of the Unfair Commercial Practices Directive on the application and interpretation of the provisions of certain legal acts, establishing the contractual rights of the consumers, as well as the correlation between Directive and contractual consumer protection instruments.

The dissertation examines the legal regulation in the field of consumer protection against unfair commercial practices. The dissertation discusses the reasons which determined the need to adopt legal instrument, establishing consumer protection against unfair commercial practices, the development of the fair trading principle, its features formulated in the jurisprudence of the Court of Justice of the European Union, instruments which on the European Union law level in a fragmentary way harmonised particular aspects concerning fair trading. The research focuses on the analysis of the 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 (Unfair Commercial Practices Directive), emphasizing its specificity in comparison with other consumer protection instruments adopted in consumer protection field. It comprehensively examines the provisions of the Directive, reveals the structure of the prohibition of unfair commercial practices, control mechanism and its scope of application. The object of the research also includes the analysis of Lithuania's as a European Union Member State's ability to transpose the provisions of the Unfair Commercial Practices Directive into the national law. Having in mind that Lithuania has not avoided implementation errors, the author provides detailed recommendations for the national legislator suggesting the potential solutions for improving the transposition of the provisions of the Unfair Commercial Practices Directive into the national law and in such way creating conditions for the proper interpretation and application of law and ensuring proper consumer protection in this field. The analysed subject is relevant and in a wider European Union consumer law context. Author pays considerable attention to the examination of the possible impact of the Unfair Commercial Practices Directive on the application and interpretation of the provisions of certain legal acts, establishing the contractual rights of the consumers, as well as the correlation between Directive and contractual consumer protection instruments.

When Lithuania has joined the European Union (hereinafter –EU), it was committed to adopt and implement EU legislation on Consumer protection into the national law of the Republic of Lithuania in order to unify Consumer protection within Lithuania and all EU. Thus, main focus of this Master Thesis was to analyse how Supreme Court of Lithuania follows European Court of Justice's (hereinafter – ECJ) jurisprudence in a matter of Consumer protection. Importance of this Thesis is shown through analysis and comparison of consumer, entrepreneur notions and their separation aspects in EU and National legislation. The results of the analysis of various EU directives, national laws, decisions taken by Supreme Court of Lithuania and ECJ, shows that Supreme Court of Lithuania is following ECJ jurisprudence and even in some cases Consumer protection in Lithuania is wider than in EU. In addition to this, main reasons for Consumer disputes in courts were also analysed in this Master Thesis. As the analysis shows, mainly it is because of unfair terms and conditions in consumer contracts and claims for damage caused by defected products.

When Lithuania has joined the European Union (hereinafter –EU), it was committed to adopt and implement EU legislation on Consumer protection into the national law of the Republic of Lithuania in order to unify Consumer protection within Lithuania and all EU. Thus, main focus of this Master Thesis was to analyse how Supreme Court of Lithuania follows European Court of Justice's (hereinafter – ECJ) jurisprudence in a matter of Consumer protection. Importance of this Thesis is shown through analysis and comparison of consumer, entrepreneur notions and their separation aspects in EU and National legislation. The results of the analysis of various EU directives, national laws, decisions taken by Supreme Court of Lithuania and ECJ, shows that Supreme Court of Lithuania is following ECJ jurisprudence and even in some cases Consumer protection in Lithuania is wider than in EU. In addition to this, main reasons for Consumer disputes in courts were also analysed in this Master Thesis. As the analysis shows, mainly it is because of unfair terms and conditions in consumer contracts and claims for damage caused by defected products.

In this master's thesis, issues that are related to consumer protection in cyber space in the European Union are analyzed, while concentrating mostly on the legal regulation of distance sales contracts. This thesis tries to disclose the current issues and effectiveness of consumer protection in cyber space and also assess the level of consumer protection in the EU and Lithuania, when consumers conclude distance sales contracts for certain goods in the cyber space. In order to achieve this goal, certain aspects of the consumer's right to withdrawal, terms of legal guarantees and the presumption of lack of conformity were investigated. Certain problems concerning consumer data protection and consumer trust were also explored. The results of this investigation show that the current legal regulation in the European Union does not ensure sufficient balance between the legal interests of consumers and traders in the cyber space. This investigation also shows that there are issues concerning the availability of certain information which could help the consumers and traders decide on the extent of their legal rights and obligations. All this is extremely important, when consumers and traders are linked together by cross-border consumer relations.

In this master's thesis, issues that are related to consumer protection in cyber space in the European Union are analyzed, while concentrating mostly on the legal regulation of distance sales contracts. This thesis tries to disclose the current issues and effectiveness of consumer protection in cyber space and also assess the level of consumer protection in the EU and Lithuania, when consumers conclude distance sales contracts for certain goods in the cyber space. In order to achieve this goal, certain aspects of the consumer's right to withdrawal, terms of legal guarantees and the presumption of lack of conformity were investigated. Certain problems concerning consumer data protection and consumer trust were also explored. The results of this investigation show that the current legal regulation in the European Union does not ensure sufficient balance between the legal interests of consumers and traders in the cyber space. This investigation also shows that there are issues concerning the availability of certain information which could help the consumers and traders decide on the extent of their legal rights and obligations. All this is extremely important, when consumers and traders are linked together by cross-border consumer relations.

The object of this scientific article is protection of consumer rights and interests in contractual relationship between seller and consumer. The ever-expanding trade development, increasing abundance of goods and services stimulates consumption and this obviously leads to the growing number of consumer contracts. The growing number of consumer contracts determines the need to regulate contractual relations of consumers and sellers as much detail as possible. The purpose of detailed regulation is to prevent unfairness and ensure effective protection of the consumer as the weaker party. The work also draws attention to European Union law. The European Union law not only develops and ensures free movement of goods, services, capital and persons in a single market of European Union, but also seeks to discover a balance between the competitiveness of various companies in different Member States and a high level of consumer protection.

The object of this scientific article is protection of consumer rights and interests in contractual relationship between seller and consumer. The ever-expanding trade development, increasing abundance of goods and services stimulates consumption and this obviously leads to the growing number of consumer contracts. The growing number of consumer contracts determines the need to regulate contractual relations of consumers and sellers as much detail as possible. The purpose of detailed regulation is to prevent unfairness and ensure effective protection of the consumer as the weaker party. The work also draws attention to European Union law. The European Union law not only develops and ensures free movement of goods, services, capital and persons in a single market of European Union, but also seeks to discover a balance between the competitiveness of various companies in different Member States and a high level of consumer protection.

The object of this scientific article is protection of consumer rights and interests in contractual relationship between seller and consumer. The ever-expanding trade development, increasing abundance of goods and services stimulates consumption and this obviously leads to the growing number of consumer contracts. The growing number of consumer contracts determines the need to regulate contractual relations of consumers and sellers as much detail as possible. The purpose of detailed regulation is to prevent unfairness and ensure effective protection of the consumer as the weaker party. The work also draws attention to European Union law. The European Union law not only develops and ensures free movement of goods, services, capital and persons in a single market of European Union, but also seeks to discover a balance between the competitiveness of various companies in different Member States and a high level of consumer protection.

The object of this scientific article is protection of consumer rights and interests in contractual relationship between seller and consumer. The ever-expanding trade development, increasing abundance of goods and services stimulates consumption and this obviously leads to the growing number of consumer contracts. The growing number of consumer contracts determines the need to regulate contractual relations of consumers and sellers as much detail as possible. The purpose of detailed regulation is to prevent unfairness and ensure effective protection of the consumer as the weaker party. The work also draws attention to European Union law. The European Union law not only develops and ensures free movement of goods, services, capital and persons in a single market of European Union, but also seeks to discover a balance between the competitiveness of various companies in different Member States and a high level of consumer protection.

The title of this work: Does a lawyer providing legal services to private persons under recoverable concluded contracts for legal services must be recognized as an entrepreneur in consumer protection in law terms? The national law of Member States of the European Union is subject to the regulations and directives that must followed by the Member States, but there are areas where the competence is shared between the European Union and its Member States as concerns the legally binding law-making in a certain area, and the competence is exercised by the Member States to the extent that the EU did exercise or decided not to exercise. The Supreme Court of the Republic of Lithuanian has applied to the European Court of Justice for a preliminary ruling regarding the issue of autonomous interpretation of the EU law in 2013. The problem raised in this work is whether a lawyer can be recognized as an entrepreneur who provides chargeable legal services to natural persons in respect of protection of the consumer rights. This work aims to: 1) identify principles of the professional practice of lawyers; 2) analyze contents of the legal services provided by lawyers; 3) examine the concepts of business and entrepreneur, and business peculiarities; 4) compare activities of entrepreneurs and lawyers, to highlighting the similarities and differences; 5) analysis of treaties on consumer rights and discussion of EU regulations and directives on this issue. Consumer contracts must comply with the essential characteristics for the weaker party is granted guarantees for the protection of consumers rights: 1) services must be acquired by the natural person; 2) services acquired by the natural person shall be intended for meeting of its personal, family or household needs; 3) the service provider is the natural person or legal entity that is considered to be the entrepreneur and acting on the purpose of business. The aim of this work is to analyze the provisions on consumer rights protection defined in the European Union and national law including parties to the consumer contract. The object of the work is to compare peculiarities the legal profession and the of business activities, if these two spheres of activities are comparable and the whether the consumer rights protection is applicable. With the view of implementation of the objective of the work the main focus was aimed at the lawyer's profession, the principles of its practice, peculiarities of entrepreneur's activities, laws on consumer rights protection, and attributes to the consumer contracts. The objective was implemented: the result was achieved through analysis of the EU directives and regulations, national laws, regulations, and the case law related to the consumer rights. According to articles published by different authors and pursuant to the laws that regulate the lawyer's profession the conclusion is made that because of higher requirements applied on this profession and dissimilarities between activities by the lawyer and the entrepreneur, the lawyer should not be considered to be the entrepreneur and should not be equated to representatives of the ordinary occupations such as tailor or hairdressers which are also providing pecuniary services, and the lawyer shall be considered as not correspondent to the third element of the consumer contract. Consequently, the lawyer shall not be considered to be the entrepreneur, and the legal services contract signed by him shall not to be considered as the consumer contract. The investigation leads to the conclusion that the hypothesis that the lawyer's activities are equated to the entrepreneur's activities in terms of protection of the consumer rights is not confirmed.

The subject of this Master paper is "Peculiarities and Problems of Consumer Rights Protection in Mortgage Legal Relationships". Pledge has been known for a very long time, and the most convenient way of it - a mortgage, is still used till these days. The consumer mortgage is a relatively new institution that has only been taken more seriously since 2008 financial crisis. In order to avoid the consequences of the crisis in the future, a resolution of the European Parliament and of the Council was adopted at EU level in 2014. Directive 2014/17/ES on consumer credit agreements relating to residential immovable property had to be transposed to national law by all member states till March of 2016. The main purpose of the Directive is to ensure that consumer receives a high level of protection when concluding credit agreements relating to immovable property. The main safeguards enshrined in the Directive are the assessment of consumer solvency and the obligation to provide information. This paper raises questions about the extent to which these safeguards can harm or help consumers. A strict assessment of the borrower's solvency may mean that he or she will not receive a home loan. The obligation to inform the consumer of all the nuances of the contract is very broad, so it is possible that a large amount of information will further mislead the consumer. Nevertheless, this legislation is a major step forward in protecting the consumer, who is considered to be a vulnerable party, but a deeper analysis raises the question of how much this regulation will help in the face of a new crisis. Consumer protection in mortgage legal relationships is also relevant in case law. In order to protect consumers, courts must ex officio identify the contract as a consumer contract and monitor unfair contract terms. This practice is reflected in the decisions of the ECJ and the SCL. The SCL clearly and purposefully refers to the case law of the ECJ, but a slightly different situation can be seen in the courts of Trial and Appeal. The judgments of these courts show that the courts often interpret consumer contracts narrowly, thus not ensuring full protection of the weaker party (the consumer).

The subject of this Master paper is "Peculiarities and Problems of Consumer Rights Protection in Mortgage Legal Relationships". Pledge has been known for a very long time, and the most convenient way of it - a mortgage, is still used till these days. The consumer mortgage is a relatively new institution that has only been taken more seriously since 2008 financial crisis. In order to avoid the consequences of the crisis in the future, a resolution of the European Parliament and of the Council was adopted at EU level in 2014. Directive 2014/17/ES on consumer credit agreements relating to residential immovable property had to be transposed to national law by all member states till March of 2016. The main purpose of the Directive is to ensure that consumer receives a high level of protection when concluding credit agreements relating to immovable property. The main safeguards enshrined in the Directive are the assessment of consumer solvency and the obligation to provide information. This paper raises questions about the extent to which these safeguards can harm or help consumers. A strict assessment of the borrower's solvency may mean that he or she will not receive a home loan. The obligation to inform the consumer of all the nuances of the contract is very broad, so it is possible that a large amount of information will further mislead the consumer. Nevertheless, this legislation is a major step forward in protecting the consumer, who is considered to be a vulnerable party, but a deeper analysis raises the question of how much this regulation will help in the face of a new crisis. Consumer protection in mortgage legal relationships is also relevant in case law. In order to protect consumers, courts must ex officio identify the contract as a consumer contract and monitor unfair contract terms. This practice is reflected in the decisions of the ECJ and the SCL. The SCL clearly and purposefully refers to the case law of the ECJ, but a slightly different situation can be seen in the courts of Trial and Appeal. The judgments of these courts show that the courts often interpret consumer contracts narrowly, thus not ensuring full protection of the weaker party (the consumer).