Legal Position of the Consumer in the Event of a Lack of Conformity of the Goods in Croatian and Serbian Law

Abstract

The objective of this paper is to analyse the legal position of the consumer in the event of a lack of conformity of the goods in Croatian and Serbian law. The national regulations governing this issue in both states are influenced by the legislation of the European Union. More specifically, Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees influenced the Serbian Consumer Protection Act, while the said Directive and the new Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods influenced the Croatian Act on Obligations. However, both legislators preserved certain specific rules, most notably the ones pertaining to the rescission of the contract. Given the fact that Serbia has not yet harmonized its Consumer Protection Act with Directive (EU) 2019/771, its regulation is to be assessed taking into account only Directive 1999/44/EC. In comparing the two legal orders, the paper discusses several issues in relation to consumer sales, such as the sources of law in this field and their application, basic definitions and the notion of conformity of the goods with the contract and consumers’ rights in the event of a lack of conformity, with the aim to identify differences, similarities, and specificities. It can be inferred that the main differences concern the regulatory approach, the definition of the notion of conformity of the goods with the contract, and certain specific rules relating to the rescission of the contract. On the other hand, the main similarities regard the hierarchy of the rights at the disposal of the consumer and the time limit during which the seller may be held liable.