The right to repair in contracts for the sale of goods: the regime of professionals’ obligations under the law of the Republic of Moldova and the European Union

Abstract

This article examines the right to repair in contracts for the sale of goods from the perspective of
the legal regime governing professionals’ obligations, through a comparative analysis of European
Union law and the legislation of the Republic of Moldova. The study highlights the evolution of
repair from a traditional contractual remedy, dependent on the legal guarantee of conformity, into
a legal instrument with broader functions, situated at the intersection of consumer protection and
sustainability policies. Based on an analysis of the relevant provisions of the Civil Code of the
Republic of Moldova, Law No. 105/2003 on consumer protection, and Law No. 209/2016 on
waste, the article identifies the fragmented nature of the national legal framework: the right to
repair remains largely confined to the guarantee period and does not establish clear positive
obligations for producers, such as the availability of spare parts, access to technical
documentation, or diagnostic information. By contrast, European standards derived from
Directive (EU) 2019/771, the legislative proposal COM(2023) 155, and Regulation (EU)
2024/1781 outline extended obligations for sellers and producers, including in the post-guarantee
phase, in order to support the transition to a circular economy. Finally, the article proposes several
reform directions for the Republic of Moldova, including the autonomous recognition of the right
to repair, the strengthening of professionals’ obligations, and the integration of repair into
environmental policies, with a view to ensuring effective consumer protection and achieving
alignment with the EU acquis.