Consumer Agreement in the System of Civil Contracts
Journal Title: Recht der Osteuropäischen Staaten - Year 2018, Vol 1, Issue
Abstract
The author of the article studies the main problems of concluding a civil and legal agreement with the participation of consumers. We believe that recently there is the growth and emergence of new contractual forms at the consumer market, their enrichment with additional conditions, methods of their conclusion, as well as a combination of various contractual types and kinds. Nowadays, the need to allocate a separate group of contracts with the participation of consumers is due to the fact that during their conclusion it is necessary to note the rights and obligations of the parties with the particular accuracy, as well as to establish the liability for their non-execution or improper performance. The legislator provides the consumer with additional privileges while concluding an agreement. This is due to the lack of professionalism of the latter at the consumer market. The legal concept of protecting the weakness in the contract is both not stipulate in the legislation the doctrinal principles of law, which supplement, develop and strengthen the theoretical and legal principles of humanity and justice, and those specified in the Civil Code of Ukraine: equitableness, fairness and reasonableness. Special attention has been emphasized on the fact that transactions with consumers’ participation form a unified system of contractual relations, have the unity and interrelation in their basis, they also have an internal structure, and are aimed at achieving a common goal. They are united with the term “consumer agreements” in the scientific literature. Consumer agreement – is not a contract, since the word “consumer” defines it as a kind among others, indicates on a special subject relationship – with the consumer. Consequently, the consumer agreement differs from all other contracts, mainly due to the fact that the consumer is one of its parties. In the author’s opinion, the consumer agreement is admitted as a contract, where one party (seller, manufacturer, executor) undertakes to sell or transfer the products (goods) for temporary possession and use; to perform the work; to provide service to the other party (the consumer) for payment. Attention should be paid to legal doctrine, normative provision and judicial practice. Such a comprehensive study will provide an indisputable proper procedure for the implementation of the terms of the consumer agreement.
Authors and Affiliations
Галина Богданівна Яновицька
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