METHODOLOGY FOR SOLVING THE PROBLEM

A methodology is a method of action, types, techniques and operations that guide knowledge in the legal field. Moreover,
one method or another always characterizes the properties that an object has, as well as the subjective capabilities of the researcher.

To solve legal problems, various methodologies are used, which can be classified on different grounds. The most common
classification is the basis of the degree of generality. Regarding the protection of consumer rights, the following four categories of
methods are distinguished: philosophical, general scientific; private scientific; special.

In addition, for legal science, the division into formal logical methods and general scientific ones is important. Among the
general scientific methods (methods-techniques) there are:

Analysis - a method of mentally dividing a whole into parts in order to understand the relationship between individual
elements;

Synthesis – a method of mentally combining parts into a whole in order to recreate a single picture of a given relationship;

Abstraction – presentation of mental images, abstraction from some properties of an object in order to understand its
essence, in-depth study of some of its aspects (for example, color, depth, etc.)

Specification – presentation of specific features of an object, allowing one to determine its essence;

Deduction – division of the general into the particular; induction – movement from the particular to the general;

Analogy – search for similarities of generic or species objects, establishing common characteristics;

Modeling – creating a reduced or enlarged copy of a phenomenon, an object, often devoid of private characteristics;

Formalization – knowledge of a sign or symbolic type is displayed, for example, mathematical formulas etc.

Idealization - the creation of concepts for objects that do not exist in reality, but have some kind of prototype in it.

These methods require the presence of empirical facts and empirical knowledge that exist in unity and complement each
other. The main task of the methods is to systematize scientific knowledge, organize it into a single and interconnected structure,
reflecting the relationship and sequence of development of science as a phenomenon as a whole. Ignorance acts as a motivating force
for the development of science. Knowledge and ignorance are interconnected and follow from one another, since there are always
questions that require their objective resolution. In this case, the methods act as an objective criterion for assessing scientific activity.
The practical cases offered in the solution book are intended for licensee students. The main sources contributing to their solution are
the Law on the Protection of Consumer Rights, the Civil Code in the context of special regulations and other regulations relevant to
the case. The objectives are formulated based on a practical case. Each task is associated with three points. The first two are
theoretical data that direct the student to certain general sources. The third point is practical: the student must formulate a practical
decision on the case in a certain position: judge, prosecutor, lawyer, etc. Essentially, a practical justification through the formulation of
two theoretical questions is intended to guide the student to a correct and motivational answer based on the legislation of the Republic
of Moldova.

EXAMPLE OF SOLVING A PROBLEM

Citizen B. bought in a grocery store in Ialoveni st. Uniriy 20, canned beef, produced by the Appetit Company, located in the
mun. Chisinau, st. Decebal 9. Having opened the canned food, the consumer discovered that the contents had an unpleasant odor and a
sticky consistency, but the indicated expiration date had not yet expired. On the same day, the consumer contacted the seller and
demanded a refund of the cost of the product of inadequate quality. Despite the fact that the product was identified based on the
receipt provided, the seller refused to return the money, arguing that he could not be held responsible for hidden defects in the product
caused by the manufacturer. Thus, the seller recommended that the consumer contact the manufacturer of the goods, who was located
in the mun. Chisinau, st. Decebal 9, according to the label.
1. According to Art. 1 of the Law on Consumer Protection 105/2003, the seller has a special line of business regarding consumers.
Qualify the status of the grocery store relative to the end consumer of the product “canned beef”.

2. According to Art. 1 of the law 105/2003, the manufacturer is the person producing the final product, and according to Art. 8 The
manufacturer is obliged to provide consumers only with high-quality products that meet the prescribed and/or stated requirements. If a
manufacturer violates the rules for the production of goods intended for retail sale, will the “Appetit” manufacturer be directly liable
to the consumer? Give reasons for your answer.

3. From a legal point of view: does the consumer file a complaint with the seller or the manufacturer? Give reasons for the decision
regarding the consumer advocate position.

I. PROBLEM SCHEME

Subjects: citizen B. (individual) and food store (seller).

Subject: purchase and sale of canned beef with an unpleasant odor and sticky consistency, produced by the Appetit Company.

Problem: the seller’s refusal to return the money to the consumer, citing the fact that he cannot be held responsible for hidden defects
in the product caused by the manufacturer “Appetit”.

II.SOLUTION OF THE PROBLEM

According to Art. 1 of the Law on the Protection of Consumer Rights, the seller is vested with a special area of activity regarding
consumers. Moreover, according to Art. 1 of the Law on Consumer Protection No. 105/2003, seller is any legal entity or natural
person with a business permit that carries out commercial activities in relation to consumers, and according to Art. 9 of the same law,
the seller is obliged to: j) receive and resolve consumer complaints within a period that cannot exceed 14 calendar days from the date
the consumer informs the seller about the non-conformity of the product and transfers it to the seller or a person appointed by him on
the basis of a transfer and acceptance document.

The grocery store with respect to the final product “canned beef meat” is directly responsible to the consumer, since the act of
purchase and sale was drawn up on the basis of a receipt of payment with the seller. Moreover, according to Art. 9 of the Law on
Consumer Protection No. 105/2003, the seller is obliged to: a) ensure that the products offered for sale are safe and comply with the
requirements established in regulations or stated;

2. After citizen B. returned to the store on the same day, he is entitled to a refund. If the seller refuses, citizen B. submits a complaint
directly to the seller, namely to the Register of Complaints, in accordance with Government Decree No. 1141/2006 on the approval of
the Regulations on the procedure for maintaining the Book of Complaints, or in the absence of one, the consumer submits a complaint
in free form with confirmation of registration.

3.According to Art. 18 of the Law on Consumer Protection No. 105/2003, the seller is obliged to respond to the complaint and
eliminate the problem within 14 calendar days. Otherwise, the consumer has the right to file a complaint with the Consumer Protection
Agency demanding the return of a defective product from an unscrupulous seller.

According to Art. 9 of the Consumer Protection Law No. 105/2003, the seller is obliged to ensure that the goods offered for sale are
free of charge and comply with the prescribed or stated requirements, and is also liable for damage caused by defective goods for the
entire duration of the validity or conditions, that the consumer complies with the rules of transportation and storage of goods.

In the case of unsuitable food products, the seller is obliged to replace them or reimburse their cost at the request and choice of the
consumer.

He is also obliged to immediately notify the competent authorities, as well as the manufacturer concerned, of the presence on the
market of any product that he knows to be dangerous and/or counterfeit. As a lawyer representing the interests of the consumer, I
believe that the seller must immediately satisfy the consumer’s demands, given that he has a direct cause-and-effect relationship with
him based on the fiscal receipt. According to the Code of Civil Procedure, the seller has the right to file a claim against the
manufacturer to recover damages related to hidden defects in the product supplied by the manufacturer.