FEATURES OF SUBJECT CONSUMERS CONTRACT
Journal Title: Часопис цивілістики - Year 2018, Vol 31, Issue
Abstract
The scientific article is devoted to one of the special features of the consumer contract – the subject. One of the characteristic features that make it possible to attribute a contract to a consumer contract is a feature of the object in terms of its purpose solely for personal, family, household and other needs not related to the conduct of business activities. This feature of the consumer contract is closely related to its subject – the consumer. It is the purpose from which the corresponding product, work or service is acquired, ordered or used that is decisive for resolving the issue of attributing a contract to a consumer type. The concept of “personal need” is more successful and one that allows you to maximize the range of contractual relations that can be attributed to the consumer. It is concluded that the purpose for which a product is purchased, ordered or used, work or service under a consumer contract should be formulated through the category “personal need is not related to entrepreneurial activity”. The article defines the concept of «personal need», which should be understood as any need of an individual not related to his business activities. The article reveals a number of shortcomings in the legal regulation of the contracts under study and presents proposals for their elimination. At the same time, an analysis of international legal documents, the current legislation of Ukraine and the views of other researchers of this problem have been carried out.
Authors and Affiliations
Ірина Іванівна Банасевич
Keywords
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