Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2024, vol. LVIII, br. 2, str.435-451
working language: Serbian
Review paper
udk: 347.751:004.738.5
doi:10.5937/zrpfns58-53201
Author:
Andrej Mićović
University of Kragujevac
Faculty of Hotel Management and Tourism in Vrnjačka Banja
andrej.micovic@uni.kg.ac.rs
ORCID ID: 0000-0002-5988-4387
Borko Mihajlović
University of Kragujevac
Faculty of Law in Kragujevac
bmihajlovic@jura.kg.ac.rs
ORCID ID: 0000-0002-5770-8451
Summary:
The article presents the rules on distance selling contained in the EU Directive 2023/2673. Until the adoption of Directive 2023/2673, distance selling was regulated with the help of directives 2011/83 on consumer rights and 2002/65 on distance trading of financial services. In order to raise the level of consumer protection and avoid unnecessary overlaps, a solution was adopted according to which the area of application of Directive 2011/83 is extended to contracts on financial services, and Directive 2002/65 is repealed. To that end, a special chapter was added in Directive 2011/83 with rules that apply only to contracts for distance financial services intended for consumers. Substantive changes and additions to the rules on the sale of financial services at a distance include the merchant’s obligations to provide pre-contractual information and explanations, the consumer’s right to opt out and the merchant’s unfair business practices regarding the use of the online interface.
Key words:
financial services, information, waiver, explanation, consumer, distance selling.