The Parties To The Consumer Contract


  • I.I. Banasevych


consumer contract, consumer, personal needs, entrepreneur.


The scientific article is devoted to the problem of the determination of the parties to the consumer contract, because exactly the special subject composition - this is the sign, which enables to classify one or another civil-law contract as the customer one.

The author emphasizes that the need of special legal adjusting is caused by an unequal position of subjects of the consumer relationship, the presence of «strong» and «weak» side: on the one hand there are the entrepreneurs who possess not only capital, but also a certain amount of required professional knowledge about the goods (work, service), and at the other hand - the individual consumer (individual) who is forced to trust the provided information about the goods, work or service.

In the article the conclusion has been drawn that the parties to the consumer contract on the one hand is the consumer, who in accordance with current legislation may be an individual or an individual entrepreneur that purchases goods, orders works or services, acquires the property for temporary use for personal needs not related with business activity, and the other hand - business entity (entrepreneur)

At the same time the author analyzes the international legal instruments, the current legislation of Ukraine and the views of other researchers of the named problem.

In the article the author has revealed a number of shortcomings in the legal adjusting of the determination of the parties to the consumer contract and has submitted proposals regarding their elimination.