Pregledni rad
https://doi.org/10.32984/gapzh.12.1.14
The Development of Rules on International Jurisdiction Applicable to Consumer Contracts in Croatian Private International Law
Danijela Vrbljanac
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Sažetak
The paper provides an overview of the rules on international jurisdiction applicable to consumer contracts in Croatian private international law, starting from the 1982 PIL Act, Brussels I and Brussels I bis Regulation to the most recent 2019 Croatian PIL Act. Given that the 1982 PIL Act did not contain a special provision on international jurisdiction for consumer contracts, these contracts were subject to the provisions on general jurisdiction and special jurisdiction for contracts. With the accession of the Republic of Croatia to the European Union, Croatian courts became obligated to apply the Brussels I Regulation as a directly applicable source of rules on international jurisdiction in civil and commercial matters. Due to the Brussels I Regulation, which was subsequently replaced with the Brussels I bis Regulation, consumers were, for the first time, granted protection before Croatian courts in terms of more favourable procedural provisions on international jurisdiction. The personal scope of application of the Brussels I Regulation, as well as of the Brussels I bis Regulation which replaced it, is limited to defendants domiciled in the EU. The Brussels I bis Regulation further strengthened the position of consumers by extending the scope of the section on consumer contracts to cases in which the proceedings are instituted against the trader domiciled outside of the EU. In January 2019, the 2019 PIL Act entered into force. The application of its provisions on international jurisdiction are secondary, i.e. when one of the regulations of European private international law is not applicable. In Article 46(2) of the PIL Act, the Croatian legislator extended the application of certain provisions of the Brussels I bis Regulation to situations in which the defendant is domiciled in a non-EU country. The paper analyses the described legislative development and its impact on consumer protection in Croatia.
Ključne riječi
consumer contracts; European law; international jurisdiction; private international law; protection of weaker parties
Hrčak ID:
260607
URI
Datum izdavanja:
16.7.2021.
Posjeta: 1.121 *