PRAVO POTROŠAČA NA POPRAVKU PROIZVODA

Abstract

The role and importance of the consumer's right to repair is changing and adapting to modern business conditions. The right to repair has always been one of the basic rights of the consumer in case of breach of contract by the trader, i.e. nonconformity of the delivered goods. In modern consumer law, the right to repair is no longer just a means of realizing and protecting the economic interests of consumers. It also becomes a means of achieving the goals of sustainable development by using consumer law norms. This paper provides an analysis of the content of the consumer's right to repair at the current moment, which is characterized by a gradual change in the basic objectives of consumer law. Firstly, the author presents the current state of Serbian law and European Union (EU) law regarding the right to repair. Thereafter, he examines three different aspects of the consumer's right to repair, present at different stages of the relationship between the manufacturer, trader and consumer (during the validity period and after the expiry of the legal and/or commercial warranty) :1) the place of this right in the hierarchy of legal remedies available to the consumer in case of delivery of non-conforming goods and its relationship with the right to exchange; 2) public and/or private law special obligations whose subject is the manufacturer, and which enable the repair of products by consumers or repair services that are independent of the manufacturer (first of all, the obligation to supply the market with spare parts, the obligation to update the software for goods with digital elements, etc.) and 3) legal regulation of the repair services contract, and in particular the realization of the consumer's right to information with regards to this type of contract.