Consumer sales guarantees in Serbian, Croatian, and Slovenian law

Each examined legal order acknowledges the voluntary character of consumer commercial guarantees, complementing the seller's legal liability for the lack of conformity. The peculiarity of Slovenian law is the existence of a mandatory guarantee for the flawless operation of the goods for at least one year, covering the so-called "technical goods" imposed upon the producer. The hierarchy of consumer remedies in the case of the commercial guarantee is three-level in Croatian law: repair is considered primary, replacement secondary, and termination of the contract and price reduction tertiary claims. On the other hand, in Serbian and Slovenian law, there is no obligatory hierarchy between the remedies in this regard. Another essential difference between the examined legal orders concerns the non-existence of a separate institute of the producer's guarantee of durability for certain goods for a certain period in Serbian law, unlike in Croatia and Slovenia.

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Publication Details

Journal
Arhiv za pravne i drustvene nauke
Published
2025-01-01
DOI
https://doi.org/10.5937/adpn2502071j
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
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article

Consumer sales guarantees in Serbian, Croatian, and Slovenian law

Ivan Jokanović
Arhiv za pravne i drustvene nauke
European and International Contract Law
article

Consumer sales guarantees in Serbian, Croatian, and Slovenian law

Ivan Jokanović
article en

Abstract

Each examined legal order acknowledges the voluntary character of consumer commercial guarantees, complementing the seller's legal liability for the lack of conformity. The peculiarity of Slovenian law is the existence of a mandatory guarantee for the flawless operation of the goods for at least one year, covering the so-called "technical goods" imposed upon the producer. The hierarchy of consumer remedies in the case of the commercial guarantee is three-level in Croatian law: repair is considered primary, replacement secondary, and termination of the contract and price reduction tertiary claims. On the other hand, in Serbian and Slovenian law, there is no obligatory hierarchy between the remedies in this regard. Another essential difference between the examined legal orders concerns the non-existence of a separate institute of the producer's guarantee of durability for certain goods for a certain period in Serbian law, unlike in Croatia and Slovenia.

Arhiv za pravne i drustvene naukeVol. 120(2)
Openalex Percentile: Top 69%
European and International Contract Law
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