Pregledni rad

Advance Payment and Customer Protection

Ivica Crnić

Sažetak

The author discusses the cases in which one of the contractual parties, frequently using the better position on the market, one-sidedly stipulates the making and implementation of a transaction by advance payment. In order to prevent this disloyal and non-market actions, the state sometimes defines the legal consequences for the contractual party that has made a one-sided stipulation for the making of a legal transaction by advance payment.
The regulation protecting the customer is the Article 28, clause 1 of the Law on Consumer Protection. This special regulation grants the consumer the right to demand interest as a compensation sui generis because of the trader’s demand for advance payment.
The article defines the area of personal application of the above regulation, and claims that the consumer’s right to interest exists whether the trader’s obligation is monetary or non-monetary. As a rule it is a non-monetary action. The author also discuses the relationship between this type of compensation and penalty charges.
The article presents the situation before the beginning of the application of the Consumer Protection Law of 7 December 2003.

Ključne riječi

consumer; advance money, advance paymen; interest; penalty charges

Hrčak ID:

6444

URI

https://hrcak.srce.hr/6444

Datum izdavanja:

5.12.2006.

Podaci na drugim jezicima: hrvatski njemački

Posjeta: 6.135 *