Product Liability Law in Transition by Magdalena Tulibacka

By Magdalena Tulibacka

This quantity examines the evolution of principal eu product legal responsibility regimes, with specific connection with the impact of the implementation of the Product legal responsibility Directive within the context of the new expansion of the european. utilizing Product legal responsibility legislation, the research bargains a worthy perception into the mandatory gains and standards of the harmonisation of legislation among the european and Post-socialist Europe. This advanced project is accomplished by means of use of comparative legislations technique occupied with convergence of legislation, overseas routine of legislation and the adjustments those necessitate. This quantity additional presents a comparability of the way the legislations has advanced in Socialist states and compares it to advancements occurring within the West.Predominantly criminal in scope, this examine additionally takes account of the significance of extralegal components in legislation reform. As such, will probably be a necessary source for these drawn to eu legislation in addition to these operating within the sector of buyer and Product legal responsibility legislation.

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25 T hey were regulated by the C ommercial C ode of 1964, now replaced by the C ommercial C ode – A ct N o. 513/1998 C oll. (Hrádek 2006: 187). 26 S ee below for a further description of this concept, its role and transformation at present. 27 T he Hungarian C ivil C ode has 685 A rticles, and the C zech C ivil C ode, 880 S ections, the Polish C ode was the longest, with 1088 A rticles. 30 Product Liability Law in Transition tort, in contrast to contract law, has had an “essentially non-political character” and socialist ideology did not affect it as it affected contract (1974: 139).

Legal Systems of Poland, Hungary and the Czech Republic 25 more suited to the new, democratic legal system began in the 1990s. 17 Also the Polish Codification Commission commenced work on transformation of civil law, considering the possibility of the new C ivil C ode. The ‘Green Book’ which was published by the Commission in 2006 specifies the main purposes and the possible directions of the reform. T hese issues are presently being discussed in working groups and in expert meetings. C entral European legal systems have undergone some very turbulent changes, and further changes are underway.

T he criteria used for the assignment of a particular legal system to a particular legal family are comprehensive enough to encapsulate the key features of C entral European legal systems which need to be accounted for here. T he analysis below starts building a conceptual basis for the portrayal of product liability law. It refers to the manner in which its evolution is affected by the general trends of evolution of a legal system. TH E CO MPLEX N ATU RE O F CEN TRAL EU RO PEAN LEG AL SYSTEMS T he book uses notions ‘socialist’, ‘post-socialist’, ‘hybrid’, and on occasion also ‘communist’ and ‘post-communist’ to describe C entral European states (the two latter terms are only used when quoting other authors).

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