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JURČOVÁ, M. – NOVOTNÁ, M. – ADAMOVÁ,
Z. – DOBROVODSKÝ, R.: Online purchase contracts and purchase of digital contents
– reflections on a new regulation.
Právny obzor, 100, 2017, č. 2,
s. 143 – 161.
Abstract. The paper
introduces the key elements of the two recently published European digital
contract rules proposals - the draft directive on certain aspects concerning
contracts for the supply of digital content and the draft directive on contracts
for the online and other distance sale of goods, both of them aiming (as part of
the EU’s Digital Single Market Strategy initiative) to harmonise the „decisive
rules“ concerning contracts either for the supply of digital content or for the
online sale of goods. As instruments drafted as “maximum harmonization measures“
trying to overcome the „legal patch-work“ in the area of consumer contract law,
the proposed directives should reduce the barriers to the growth of cross-border
e-commerce in the EU and thus simplify and promote better access for consumers
and businesses to digital content and online sales across the EU. This paper
addresses the most significant aspects of the proposed regimes (scope of
application, key provisions, models of standards of conformity, remedies
available to consumers etc.) set in the broader context of European contract law
in form of its “hard law” instruments, however, not avoiding demonstration of
possible application complications. Paper also shows the legislative progress
achieved during the Dutch and the Slovak Presidency of the Council of the EU.
Based on detailed analysis of the proposed legislation, the authors attempt to
outline its potential impact on the Slovak legal environment (particularly
considering the actual private law re-codification activities).
Key words: EU s Digital
Single Market, consumer law, Proposal for a directive on certain aspects
concerning contracts for the supply of digital content, Proposal for a directive
on certain aspects concerning contracts for the online and other distance
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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