Usklađivanje nacionalnih pravila o odgovornosti proizvođača s potrebama digitalnog doba i zelene tranzicije

Abstract

After a long discussion among professionals, academics, and competent authorities, at the end of September 2022, the European Commission published the Proposal for a directive on liability for defective products. Should the proposed legislative act be adopted by the European Parliament and the Council, the Serbian Consumer Protection Act of 2021 would also have to be amended in line with the new EU rules. Serbian law currently encompasses two legal regimes for non-contractual liability for damage caused by defective products: the older and more general regime prescribed by the Law on Obligations, and the newer regime established by consumer protection rules. The aim of this paper is to present both regimes of product liability currently in force in our country and to examine the reasons for their modification. The substantial reasons pertain to the obsolescence of existing rules, while the formal reasons for the change involve the ongoing alignment of our consumer protection law with EU law, which the Republic of Serbia has accepted as its legal obligation.