The deadlines and acquirer consumer protection | 2017

Author(s) Andreia Oliveira Fernandes
Advisor(s) Fernando Gravato Morais
Year 2017

Synopsis The following scientific dissertation aims to analyse the regime of deadlines tending to the consumer after the celebration of the buying and selling of consumer goods’ contract and the way these affect costumer protection, especially consumers’ legal protection against typical inequality of consumer juridical relationships. This dissertation will particularly focus the way to protect the consumer in the face of the most common persuasive techniques used by professional vendor that disorientate the consumer about defence methods concerning lack of quality and security of acquired goods. Inevitably, this dissertation will be based in the standards of Law n. º 24/96 of July 31st, as well as the legal requirements established in Decree-Law 67/2003, of April 8th, subsequently altered by Decree-Law n. º 84/2008, of May 21st, concerning the sale of consumer goods and associated guarantees, that transpose to the national legal order the Directive n. º 1999/44/CE, of the European Parliament and Council, of May 25th. In fact, it is clear from the analysis of these instruments, that the Portuguese State not only almost fully welcomed the regimen imposed by the Directive, but also adopted more strict dispositions to guarantee a higher level of consumer protection, being one of the few countries in the world where consumer rights are constitutionally enshrined. However, and as exposed in the course of this dissertation, this protection is only theoretically provided, as the professional vendor ignores legal standards, restricting consumer rights in a way that is inadmissible and obligating the consumer to make submissions to Court, that still hold a fair amount of doubts about the application of the legal standards in issue, and that is not always favourable to the weakest party of this juridical relationship. In conclusion, the object of the present dissertation will consist in the comprehension of the types of consumer rights that are predicted in the face of any detected lack of conformity of the acquired good, being that the main subject is the understanding of the way the established deadlines influence the protection, that is, to determine if the deadlines are enough and/or correctly applied, in a way that the consumer is not impaired and, if they are not, what solutions to adopt.

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2018-07-12T09:25:59+00:00