Legal divergences in terms of customer rights in Kosovo

Author:Armand Krasniqi
Position:Faculty of Economics, University 'Hasan Prishtina', Prishtina, Kosovo
Pages:541-552
SUMMARY

Customer protection is a worldwide known and respected phenomenon, whereas in Kosovo its regulation is in early beginnings. Historically, the origin of Kosovo customer law is from 2004 when it was first regulated by the Law. Despite all the amendments and additions made to this act in 2009, there are still no signs of positive results on this respect. The purpose of this paper is to highlight the ... (see full summary)

 
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Legal divergences in terms of customer rights in Kosovo
Professor Armand KRASNIQI1
Abstract
Customer protection is a worldwide known and respected phenomenon, whereas in
Kosovo its regulation is in early beginnings. Historically, the origin of Kosovo customer
law is from 2004 when it was first regulated by the Law. Despite all the amendments and
additions made to this act in 2009, there are still no signs of positive results on this respect.
The purpose of this paper is to highlight the importance of customer protection and to
emphasize that customer protection legislation is not sufficiently harmonized with the Law
on Obligation Relationships reflecting certain legislative divergences. These divergences
result in no unique legal terminology, and also in various interpretations due to the
underlying weaknesses. For the purpose of legislative security for customer protection, it is
necessary to harmonize the terminology referring to the customer as a buyer, etc.
Keywords: customers, rights, law, business, service, trade.
JEL Classification: K20, K23
1. Introduction
In terms of literature review, this paper is based on three sources. First, in
the local legislative framework, comparing it from the critical point of view
between itself and the legislation of other countries; second, in historical data; and
third, in works and contributions of well-known authors who have treated and
published customer law as their topic in prestigious magazines.
Research Methods: Historical data has been used to clarify legal norms
throughout history and the need for incorporation of these norms in our Laws along
the history on the issue in question; Systematic analysis method to address the
diversity of legal resources (jurisprudence, legal acts, scientific articles, university
books), all these in order to make the necessary conclusions; Logical analysis
method to draw conclusions based on logic rules; Teleological analysis method to
interpret legal norms and resources based on their purpose; Comparative analysis
method to compare the authors’ approaches, and comparison of local and
international norms. Philosophical analysis method to interpret legal sources in the
spirit of the law philosophy; Theoretical analysis method which is used to interpret
legal resources, such as clarifying the terminology content of legal terms.
Customer protection in Kosovo in the legal context is a relatively new
concept. In this area, customer law is one of the new disciplines of the legal system
and legal science. This discipline was created as a result of rapid economic and
technological developments using inventions and innovations in the production
1 Armand Krasniqi - Faculty of Economics, University “Hasan Prishtina”, Prishtina, Kosovo.
armand.krasniqi@uni-pr.edu.

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