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 concept of consumer took shape when the market economy evolved with great strides. Trading became exceedingly fierce, and the pressure of traders on the consumer began to increase 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.
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 people 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 issues of importance to consumers.

Consumer rights may be restricted in exceptional cases to protect the interest and safety, nature, the 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 the interest of all consumers. Consumer protection has a significant impact on what is considered the central issue of European economic integration. It brings in quick and varied forms the dialectics of borderlines, safety, and intervention based on the Member States’ principle of good faith. The protection of social values and legitimate purposes may impose restrictions on the free movement of goods, where the postulate for a stock market rests.

Understanding consumer protection problems in the context of the prevailing market is like understanding the essential issues of European market integration. Laws have been aimed at protecting consumers for centuries. These laws have been drafted in various forms and acts, 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 concept of the consumer loan contract and travel package contract is 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 the 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 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.