2019Studia Iuridica ToruniensiaOpen access

Croatian Consumer Protection Law: From Legal Approximation to Legal Fragmentation (Part II)

Emilia Mišćenić

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Abstract

The second part of this paper is devoted to presentation of rules on consumer protection regulated outside of the Consumer Protection Act as lex generalis for consumer protection. Approximation with various EU Directives on consumer protection resulted in vast of consumer protection rules spread all over the Croatian legal system. However, this overregulation of consumer protection unfortunately has not resulted in overprotection of Croatian consumers. As it shall be demonstrated in this paper, the legal fragmentation of the Croatian consumer protection law seems to be one of the main reasons for the loopholes in its enforcement. Combined with a lack of experience of the enforcement bodies competent for consumer protection, fragmentation of the consumer protection law has led to legal uncertainty in B2C relations.

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What this paper is about

The second part of this paper is devoted to presentation of rules on consumer protection regulated outside of the Consumer Protection Act as lex generalis for consumer protection. Approximation with various EU Directives on consumer protection resulted in vast of consumer protection rules spread all over the Croatian legal system. However, this overregulation of consumer protection unfortunately has not resulted in overprotection of Croatian consumers. As it shall be demonstrated in this paper, the legal fragmentation of the Croatian consumer protection law seems to be one of the main reasons for the loopholes in its enforcement. Combined with a lack of experience of the enforcement bodies competent for consumer protection, fragmentation of the consumer protection law has led to legal uncertainty in B2C relations.

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Available abstract

The second part of this paper is devoted to presentation of rules on consumer protection regulated outside of the Consumer Protection Act as lex generalis for consumer protection. Approximation with various EU Directives on consumer protection resulted in vast of consumer protection rules spread all over the Croatian legal system. However, this overregulation of consumer protection unfortunately has not resulted in overprotection of Croatian consumers. As it shall be demonstrated in this paper, the legal fragmentation of the Croatian consumer protection law seems to be one of the main reasons for the loopholes in its enforcement. Combined with a lack of experience of the enforcement bodies competent for consumer protection, fragmentation of the consumer protection law has led to legal uncertainty in B2C relations.

Key concepts: Consumer protection, Consumer Protection Act, Business, Consumer Bill of Rights, Consumer law, Payment, Tourism, Consumer demand

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