In this paper the author analyses the new relationship between the European Union and the United Kingdom of Great Britain and Northern Ireland. Given the scope and complexity of the Trade and Cooperation Agreement, the intention was not to explain in detail all its aspects, but only the basic and most important provisions. First of all, those of the free trade agreement, but also in the areas where ties are being renewed, which would otherwise be interrupted by the withdrawal of the United Kingdom. Although it does not reflect the benefits of EU membership, the agreement certainly limits the negative consequences compared to the situation without it and provides much needed predictability and certainty, allowing Europe to leave Brexit behind and move on.
Interest in solving the problem of changed circumstances in contractual relationships is shown not only by lawyers, but also by economic entities and their associations. Due to the very narrow application of international and national sources in the court and arbitration practice, the parties, in order to eliminate the uncertainty about whether or not, when and in what direction the changed circumstances affect the legal effect of the contract, most often explicitly allocate the risk of their occurrence. In order to free the routine approach that leads to blind stimulation and rewriting, i.e. entering into the contract of the usual safeguard clauses, without a complete understanding of their importance, it is necessary to become familiar with the types, content and effect of these clauses. By examining these issues in advance and contracting provisions appropriate to the circumstances and needs of specific transactions can be avoided many damages and deficiencies that may arise post factum in business practice.
The Court of Justice of the EU in the judgment in the KRONE – Verlag case established that Article 2 of the Product Liability Directive, read in the light of Articles 1 and 6 thereof, must be interpreted as meaning that a copy of a printed newspaper that, concerning paramedical matters, gives inaccurate health advice relating to the use of a plant which, when followed, has proved injurious to the health of a reader of that newspaper, does not constitute a defective product within the meaning of those provisions. By avoiding as much as possible to rely on the distinction between material and immaterial aspects of products, while focusing on the distinction between services and products, it seems that the Court of Justice tried not to influence the public debate on the need to adapt the rules on civil liability to the new reality that is increasingly digital. This allows it to continue to develop its case- law in a consistent manner, which is likely to withstand possible future legislative changes, without the need to already determine under what conditions digital content and especially software are subject to product liability.
The article analyses the provisions of Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods which govern the concept of goods with digital elements, requirements for conformity and the liability of the seller for non-conformity, including the associated time limits and the applicable burden of proof. The changes and additions compared to the previous rules are particularly highlighted, which is of special importance considering that this Directive has not been implemented in the law of the Republic of Serbia. Defining goods with digital elements and digital services, then new explicit criteria for durability, functionality, compatibility and interoperability, the obligation to provide updates necessary for goods with digital elements to remain conform, as well as a change in the approach to determining the time relevant for assessing conformity when digital content or digital service delivered continuously over a period of time, constitute significant advantages in the context of increased digitalization of consumer goods. The novelty is also the separation of requirements for conformity into subjective and objective ones, although, in terms of content, this has not fundamentally changed the previous legal regime.
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