Abstract

In this paper the author discusses whether consumer protection law is applicable to the sales by auction in the situation when the best bidder – buyer is a consumer. In order to apply consumer protection law, the other contractual party should be a trader. When the auction is conducted by the auctioneer, it is necessary to take into consideration the way he/she acts (as the contracting party with the buyer or agent of the seller), in order to see the status of the contracting parties, that conclude the sales contract when the auction is completed, i.e. whether they represent the trader and consumer. The Law on Consumer Protection of Serbia defines a public auction and provides for an exception from the right of withdrawal in respect of contracts concluded at a public auction. These provisions are implemented from the EU Directive on Consumer Rights, therefore, the author, in addition to the provisions of the Law on Consumer Protection of Serbia, analyzes the provisions of the EU Directive on Consumer Rights in order to reach a conclusion on (non) applicability of consumer protection law to auction sales.

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