On 13 October, 2011, the Law amending and supplementing Articles 1.1, 6.350, 6.366, 6.367, 6.369, 6.370 of the Civil Code and supplementing with Annex 1, which reflects the changes in regulation on consumer contracts for sale-purchase, was adopted. The new law will take effect on 1 December, 2011.
The new Civil Code withdraws the list of prohibited actions for the seller and determines that the seller is prohibited to carry out fraudulent business activities. This amendment repeals different regulations in separate laws, and fraudulent activities of the seller are directed to a special Law on prohibition of unfair business-to-consumer commercial practices (for further information please follow the link: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=315866).
The new changes in the Civil Code amend the regulation on consumer contracts for sale-purchase entered into by means of communication. By this, the Civil Code is being harmonized with EP and EC Directive 97/7/EC on consumer protection in relation to distance contracts, and relevant amendments of the directive. The amendments also states that the provisions of the Civil Code on consumer contracts for sale-purchase by means of communication do not apply to contracts entered into by public payphone with phone service providers for the use of such phones. It is also indicated that the buyer is not obliged to reveal the reason of terminating the contract.
This legislative act also serves the purpose of harmonizing certain provisions of the Directive 2008/122/EC as of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts with the norms of the Civil code. Provisions of the Articles 6.369 and 6.370 of the Civil code on the purchase of a right to use the accommodations for a certain period of time are being replaced by the provisions concerning the timeshare, long-term holiday product, resale or exchange contracts and the right to withdraw from such contracts. Thus the contracts on the right to temporarily use the accommodations are being classified into four types, each being regulated by specific rules.
