Consumerism Qualification: Doctrine and Case Law

Abstract

А number of factors influence the qualification of relations as consumer relations, however, neither a scientific literature nor law enforcement practice has formed a common list of signs defining the relationship to the subject of regulation of consumer protection legislation. The main purpose of the article is to identify signs that qualify the relationship as consumer. Achieving the goal of the article is carried out by solving the following tasks: determining the influence of the subject composition of relations, the nature of their activities, as well as other signs on the qualification of relations in order to apply legislation on consumer protection. The article was prepared using general scientific methods (systemic, logical) and special legal methods (comparative legal, formal legal). The author comes to the conclusion that for the proper qualification of public relations in order to apply legislation on the protection of consumer rights, it is necessary to take into account both the subject composition and the purpose of purchasing goods. The formal affiliation of a person to a particular category of entities cannot definitely indicate the goals of a person entering into a relationship. In particular, an individual entrepreneur has a dual status, being, on the one hand, a citizen, and on the other, a subject of entrepreneurial activity. The article also concluded that when determining the purpose of acquiring a product (work, service), it is necessary to take into account both direct signs expressed in the nature of the person's activity and indirect ones determined by the quantity of the purchased goods and its technical and functional characteristics. To assess indirect features, the author suggests referring to the category of «average person» formed in the general theory of law.