In 2012, Aneta Wiewiórowska-Domagalska’s book titled “Consumer Sales Guarantees in the European Union” was published by Sellier European Law Publishers. This fascinating book filled a neglected gap in European legal literature, as the problems of consumer sales guarantees have not been looked at in a way that is both in-depth and all-encompassing. The monograph contains a broad analysis of the legal phenomenon of guarantee: its roots, legal form, EU origins and the relation between the guarantee and other legal instruments of a similar function.
General structure
The book consists of six chapters, each analysing the nature, form and character of guarantee, its origins and the factors that shape it, the concept of consumer guarantee in EU law and its detailed scope. This structure is very logical and well-grounded. The author keeps the focus squarely on European aspects of consumer guarantee legislation, but expertly shows the theoretical aspects of the various issues, such as its different treatment under various legal systems, as well as the dual nature, legal form and relation to commercial guarantee.
Detailed scope
Consumer Sales Guarantees in the European Union
The first chapter introduces the problems of guarantee. This chapter not only looks at the legal considerations, but also analyses the notion of guarantee from linguistic and historical perspectives. This allows the reader to obtain a wider and more comprehensive perspective. The final parts of the first chapter are very scientific, showing the three main aims of the research (to present the legislative situation that laid the foundations for the rules on guarantee contained in 99/44 Directive; to examine the EU rules on guarantees; and finally to analyse the structure of the guarantee) and the methodology used.
In the second chapter, titled “The consumer sales guarantee in EU policies,” Dr Wiewiórowska precisely describes the roots of the consumer guarantee in the EU, the way it evolved from competition law to consumer law; and the way it came to be perceived in various EU consumer protection actions and plans.
Subsequent chapters of the book constitute the most important and valuable part of the research. First the author concentrates on general legal problems of consumer guarantee, taking a deep and thoroughly analysis all the primary aspects concerning consumer guarantee: its name, classification, nature, legal form and reference to other similar instruments, such as the statutory liability regime (conformity or legal warranty). These considerations are priceless, as the issue of mutual relations between guarantee (understood as an agreement) and warranty (understood as statutory liability) is often confused and misused. The general remarks are then followed by more detailed considerations on the guarantee agreement itself: about the parties to this contract, its scope, limitations and other requirements. This monograph is distinguished by its detailed and comprehensive deliberations, which cannot be found in other sources. Finally, the last (sixth) chapter of the book sets out conclusions, which are not only summarised remarks from the previous chapter, but which also exceed the scope of the book and pose very interesting and crucial questions for the future.
Summary
Dr Wiewiórowska’s book is essential reading for anyone dealing with consumer protection and/or with sales law. It shows the concept of guarantee with its consumer and EU law background, but goes far beyond it. For Polish readers it should be especially interesting because of the EU law perspective taken in the book.
It is not very common in Poland for books to be written by specialists involved in international large-scale projects (like the Study Group on a European Civil Code) and also in EU inner law-making procedures. For foreign readers, especially those from countries where the concept of guarantee is not deeply rooted and does not have long traditions, this work is a comprehensive and exhaustive study. Finally we can invoke the words of the reviewers of this book (prof. E.H. Hondius and prof. M. Loos) which perfectly express its value: “Dr Wiewiorówska’s excellent book on guarantees (…) is indispensable reading for any academic or practitioner interested in the background of consumer guarantee legislation or the operation of the rules on consumer guarantees in the Consumer Sales Directive, the Principles of European Law on Sales contracts and the Draft Common Frame of Reference.”
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