Ochrana spotřebitele z pohledu mezinárodního práva soukromého a procesního

Mgr. Josef Kelbl

Diplomová práce

Consumers Protection in Private International Law

Anotace:

Snahou autora této práce byl pokus o systematické shrnutí ochrany spotřebitele v mezinárodním právu soukromém a procesním, protože problematika spotřebitelských smluv a ochrany samotného spotřebitele je v rámci jak soukromoprávních, tak veřejnoprávních vztahů jednou z klíčových.

Abstract:

In the Czech Republic customer protection is guaranteed by a set of legal regulations that constitute the obligations of producers, powers of controlling authorities and last but not least, consumer rights and their associations. These regulations are constituted both within private law and public law. Given rules deal with relationships among subjects of consumer protection system (producers, importers, consumers and their associations, inspection authorities, testing labs). The aim of this system is the protection of rights, health and consumers’ lives. We can also include here the protection of the environment. The customer protection system has its economic reason as well because it balances natural market, motivation and information imbalance between supply and demand, i.e. it protects economic interests of consumers and enables them to invoke their rights in case of their violation. It follows that the majority of obligations lies on the side of those who enter the products or services into the market, i.e. the “stronger” party. These parties are responsible for fulfilling of these obligations to both state authorities and consumers themselves. The most meaningful view on the customer protection system is thus via the division into rights and duties of the producers towards consumers and rights and duties of producers towards relevant state authorities This issue exceeded intrastate borders long time ago and it is increasingly current in the international law. Consumer protection concerning private law assumes further depths in case of existence of the so called international constituent when it is possible to think about the usage of another legal system to a particular legal relation within the application of regulations regarding international private and trial law. Consumer relations are not concretely constituted within the Czech legal system, therefore the author assumed that it is appropriate to add an opening chapter that will outline the terms used in these relations in general features. Domestic regulation, in this case from the point of view of the Czech private law, has also significant importance from the point of view of international private and trial law. A situation might occur, when the interstate regulations could be used also in relation with international constituent. The international private and trial law as a whole represents relatively complicated system of regulations and relations, which it was necessary to outline and clarify in several chapters although it was not the aim of this thesis to examine its general systematics. These chapters were therefore used merely as an effort for complexity of the whole thesis and for reminder of essential facts that are being used in this thesis. Although there is a number of regulations regarding consumer protection that interfere into the international private and trial law, the author of this thesis has made an attempt to clarify mainly the most important ones which are in his opinion The 1980 Rome Convention (Rome I Regulation) and The 1968 Brussels Convention (The Brussels I Regulation). The author decided to focus on the latter because the The 1980 Rome Convention is not complemented by stable judicial decisions in such a range as in case of The 1968 Brussels Convention. Judicial decisions of the European Court of Justice (ECJ) concerning Bruselská úmluva is very detailed regarding consumer contracts. The reasons are obvious also from the point of view of the nature of these relations themselves. In general, consumer is considered to be the weaker party of the relations, in which he takes part in and both the legislative and the judicatory find his protection a significant part of their tasks. ECJ regulates rather lenient regulations in the The 1968 Brussels Convention very sensitively and it sets the interpretation of the treaty itself through very strict rules. It is necessary to realize that the interpretation of ECJ is completely autonomous

Abstract:

in comparison with national legal systems of member states. The author of this thesis is trying to suggest that the collision of various national legal systems within international relations causes the fact that in lots of cases is not possible to reach mutually satisfactory solution and thus the autonomous interpretation of ECJ appears to be ideal.

Klíčová slova

spotřebitel, ochrana, spotřebitelská smlouva, nařízení Brusel I, nařízení Řím I, judikatura ESD

Jazyk práce: čeština

Datum vytvoření / odevzdání či podání práce: 31. 3. 2008

Obhajoba závěrečné práce

• Obhajoba proběhla 20. 5. 2008
• Vedoucí: JUDr. Jiří Valdhans, Ph.D.

Masarykova univerzita

Právnická fakulta

Magisterský studijní program / obor:
Právo a právní věda / Právo