Responsibility of the producer for the conformity of the good | 2013

Author(s) Ana Catarina Mota da Silva
Advisor(s) Américo Fernando Gravato Morais
Year 2013

Synopsis This study concerns the producer’s responsibility for the conformity of the good. We intend to study the introduction of the concept of the conformity of the good with the contract in the selling of consumer good by the Directive n.º 1999/44/CE, 25th May, transposed to the Portuguese Law by the Decree-Law n.º 67/2003, 8th April. The producer’s responsibility for the conformity of the goods is also under our study because it is a system presented by the Directive only as a possibility, but the national legislator decided to introduce it in the Portuguese Law which goes further than the Directive itself. The study is an analysis of compared Law once the introduction of the conformity’s concept, as well as the consecration of the liability system of the producer for the conformity of the good wasn’t out in the same way in the Spanish, French and German Law. This study is divided into three parts: Part I, made up of one chapter; Part II and Part III made up of three chapters. In Part I is developed a study of the Directive n.º 1999/44/CE, 25th May, which focuses its range of enforcement in the innovative introduction of the concept of the conformity of the good with the contract and the possibility of consecrating a system of the responsibility of the producer for the conformity of the good. Part II concerns the Directive’s transposition to the Portuguese Law, limiting the study to the transposition method adopted by the national legislator, as well as the way the conformity’s concept is transposed and the innovative consecration of the system of the producer’s responsibility for the conformity of the good. In Part III is developed a study that compares the Spanish, French and German’s Law emphasizing the different methods of the Directive’s transposition, namely concerning the conformity of the good with the contract and the producer’s responsibility for the conformity of the good. This study ends with the reflection about the so desired harmony and unity of the national and European’s Law namely in what concerns the contract Law.

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2018-07-10T15:35:10+00:00