The importance of consumer legal protection
The importance of consumer legal protection consumer protection is one of the areas that received development around the second half of the 20th century. The historical aspect implies that the consumers’ concept took shape when the market economy evolved with great strides. Trading became exceedingly fierce, and traders’ pressure on the consumer increased at the same speed. The European Union was created as a structure, which initially meant a geographical area with no barriers, where free movement of goods, services, capital, and people would be realized.
Such a common market needed discipline, with all actors having well-defined rights and obligations. This law made a general adjustment, without much analysis of the legal aspect of consumer relations. This use brings about a lack of balance in the market about contractual freedom and equity of will between entities.
The term consumer means any natural person who purchases and uses goods or services to fulfill his needs and not for purposes related to commercial activities, that is, to the resale of those goods. The consumer has very little or almost no information about the individual rights and protections enjoyed by law, as the weakest party in this legal relationship.
The Law on Consumer Protection regulates the protection of the fundamental right of consumers to purchase products and services, as well as other forms of acquisition of goods, products, and services in the market, which are:
1. The right to protect the economic interests of consumers,
2. The right to protection against the risk to life, health, and property,
3. The right to legal protection of the consumer,
4. The right to information and retraining of consumers,
5. The power to unite consumers to protect their interests,
6. The right to representation and participation of consumer representatives in bodies that resolve essential issues to consumers.
Consumer rights may be restricted in exceptional cases, to protect the interest and safety, nature, human environment, and human health, but not to bring the consumer into an unequal position. A Consumer Association has been established to protect consumer rights and interests. The Consumers Association is a civil society organization independent of producers, sellers, suppliers, or service providers in Albania and beyond.
The Consumer Protection Association is represented on behalf of its members and acts in all consumers’ interest. Consumer protection has a significant impact on what is considered the central issue of European economic integration. It brings in sharp and varied forms the dialectics of boundlessness, protection, and intervention based on the Member States’ principle of good faith. However, this may impose restrictions on the free movement of goods, protect social values and legitimate purposes, and postulate a stock market rest.
Understanding consumer protection problems in the prevailing market context is like understanding European market integration’s essential issues. Laws have been aimed at protecting consumers for centuries. These laws have been drafted in various forms and act, including laws governing contracts, aspects of civil and criminal relations, and to this end, aiming to minimize fraud by traders, freedom of expression, or to facilitate procedures for resolving disputes where one party is the consumer.
Consequently, the limits of consumer protection have not yet been fully configured. This paper aims to present and analyze the protection afforded to consumers in two of the most recently developed contracts by the first legislator from a comparative perspective with the Community legislator, Italian, and English.
First, the consumer loan contract and travel package contract concept are analyzed, individualizing the theory of the consumer, commercial, right to be informed, non-fulfillment of contractual obligations in these two contracts.
Secondly, the scientific paper will consider the relationship between consumer protection and market economy. The state should, by law, only play a limited role in protecting consumers since consumer protection is effectively achieved through the functioning of free and open markets. Legal acts should be used to ensure that markets operate freely in the best possible way, respecting the free competition and consumer will. When markets do not work correctly, the state intervenes through the law to address this development in the best possible way.
Consequently, the borrower cannot be protected under the consumer’s legal framework. By a detailed observation of the Court’s rulings, all enforcement orders issued by this institution, with a second-tier Bank judgment party, in the role of lender, and a natural person, in the position of the borrower, have as their legal basis the Civil Code in the Republic of Albania.