Problems of Using an Option Agreement in Legal Relations with the Participation of Consumers

Abstract

Currently, the construction of an option agreement used in relations with the participation of consumers causes disputes related to the qualification of this agreement, its content, termination, invalidation. Due to the absence of a special law regulating legal relations under an option agreement outside the financial market, the norms of the Law of the Russian Federation “On Consumer Rights Protection” began to apply to them. The purpose of the presented article is to substantiate the need to improve the design of an option agreement to prevent abuse of the right by the participants in these legal relations. The study of the option contract was carried out on the basis of methods of system analysis, comparison, logical techniques, a special legal method of cognition of the phenomena of legal reality. The article substantiates that the construction of an option contract can be used to form unfair terms of the contract. The problems of the lack of uniformity of judicial practice on certain issues related to the resolution of disputes on option contracts with the participation of consumers have been identified.