Legal divergences in terms of customer rights in Kosovo

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

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.