CONCEPT AND GIST OF CIVIL RIGHTS BY PARTICIPANTS OF CONSUMERS
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
The article is devoted to the concept and gist of civil legal relations with the participation of consumers. In the scientific article the theoretical comprehension of the concept of “civil legal relations with the participation of the consumer” was made, which suggests to understand the social relations regulated by the norms of civil law, the terms of the contract, the customs of business turnover and arise between the consumer who purchases goods, orders works, services or intends to purchase goods, to order works, services to meet personal or other needs that are not related to the pursuit of business, and its real or potential counterparty (seller, executor, owner, manufacturer, importer, authorized manufacturer (seller) of a legal entity or individual entrepreneur). Named the special features of civil legal relations with the consumer, which give grounds to assert their independence. In particular, the civil law relationship with the consumer: it occurs between the consumer who intends to buy goods (works, services), purchases goods (works, services), uses goods (the result of works, services) to meet personal needs that are not related to the implementation his business, and his counterparty or potential counterparty (manufacturer, seller, executor, etc.); is provided by the state protection of the consumer as a weakness by means of special legal forms, means and methods of influence guaranteeing a balance of interests of the consumer and the subject of entrepreneurial activity; characterized by a combination of private law and public law in the regulation of these relationships, aimed at eliminating the legal inequality of its subjects; has a paid nature that generates in the cases provided by law or contract the duty of the counterparty of the consumer to carry out without charge actions aimed at ensuring the proper quality of the goods sold (work, services). In this case, an analysis of modern civil scientific research, as well as the provisions of the current legislation of Ukraine.
Authors and Affiliations
Ірина Іванівна Банасевич
Keywords
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