Consumer Rights In Contracts Of Works

  • I.I. Banasevych
Keywords: consumer, consumer contract, rights of consumer, contracts of works, consumer work contract.


In the scientific article, the author studies the system of consumer rights in contracts of works. The author proceeds from dividing the data into two groups of rights: universal and special. Universal rights are inherent to all customers regardless of the contract type, which involved consumer; special rights relate to the consumer under the contract for works. Universal human rights are preserved in Chapter II of the Law of Ukraine «On Protection of Consumers' Rights.” In particular, the following rights are included: protection of one's rights by the state; proper quality of products and services; product safety; compensation for damages; the right to appeal to the court or other competent authorities of the government to protect the violated rights; the right to unite in public organizations of consumers; the right to invalidate the contract that restrict consumer rights; freedom of choice of products (services); freedom of expression etc. The special consumer rights under the contract of works are determined by Article 10 of the Law of Ukraine «On Protection of Consumers' Rights» and by the norms of §1 and §2 of Chapter 61 of the Civil Code of Ukraine. These include the right to reject the contract, to receive a payment of a penalty for delay in performance, not to pay for extra work, rights in case of deficiencies, etc.

The author analyzes the current legislation and other researchers' views of the mentioned problem.