Pregledni rad
https://doi.org/10.3935/zpfz.75.4.3
Lack of Conformity and Seller’s Liability in Croatian, Slovenian, and Serbian Law
Ivan Jokanović
orcid.org/0000-0003-3016-6178
; Central European Academy, Budimpešta, Mađarska
Attila Dudás
orcid.org/0000-0001-5804-8013
; Pravnog fakulteta Univerziteta u Novom Sadu, Novi Sad, Srbija
Sažetak
This study analyses and compares consumer sales law legislation in Croatia, Slovenia, and Serbia, focusing on the concept of the lack of conformity, the seller’s liability, exemptions from liability, time limits, and the burden of proof regarding the existence of the defect. Although Croatia and Slovenia transposed Directive (EU) 2019/771, the previous regulation influenced by Directive 1999/44/EC is also analysed to assess the significance of the amendments concerning the mentioned issues. Considering that Serbia still adheres to Directive 1999/44/EC, the manner in which Directive (EU) 2019/771 is transposed in Croatian and Slovenian law could constitute an example or model for the Serbian legislature. Both Croatian and Slovenian laws differentiate between and require the fulfillment of both subjective and objective requirements for conformity, a legal solution that could serve as a reference point for the Serbian legislature, which imposes on the seller a general obligation to deliver the goods conforming with the consumer sales contract and sets a presumption of conformity. On the other hand, the seller’s liability for the lack of conformity existing at the time of delivery and appearing within two years thereafter, and the freedom of the contractual parties to reduce this deadline for second-hand goods remain the common aspects in all the examined legal orders. However, the presumption that the defect existed at the moment of delivery is more beneficial to the consumer’s position in Croatian and Slovenian law, since the period of its application extended to the non-conformity emerging within one year. Conversely, in Serbian law, this presumption is still applied if the defect becomes apparent within six months.
Ključne riječi
lack of conformity; consumer law; seller’s liability; Croatia; Slovenia; Serbia
Hrčak ID:
341524
URI
Datum izdavanja:
17.12.2025.
Posjeta: 716 *