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ПОНЯТТЯ ТА ПРАВОВА ПРИРОДА ВРАЗЛИВОСТІ СПОЖИВАЧІВ.
- Source :
- Law of Ukraine / Pravo Ukraini; 2023, Issue 9, p128-141, 14p
- Publication Year :
- 2023
-
Abstract
- The scientific article examines doctrinal positions, European Union legislation, and domestic legislation regarding the definition of the phenomenon of consumer vulnerability and specifies who exactly should be considered a vulnerable consumer. The study of consumer vulnerability is relevant today, given the rapid development of consumer rights protection relations and the need to differentiate consumers. At the same time, despite the existing works of scientists on the definition of vulnerability and vulnerable consumers, in general, in doctrine, and practice, there is no unified approach to understanding the concept of vulnerable consumers. The purpose of the article is to carry out a scientific and legal analysis of approaches to understanding the essence of the phenomenon of consumer vulnerability and highlighting the legal nature of this category. The article indicates the existence of two main approaches to identifying vulnerable consumers. According to the first approach, vulnerable consumers can be classified as a certain group (for example, children, and people with physical or mental infirmity). At the same time, according to another approach, all consumers can become vulnerable due to objective circumstances at any time. However, a vision where the two approaches intersect is also highlighted. It has been established that the vulnerability of consumers can be determined by certain circumstances that have a temporal framework. That is, the consumer may be vulnerable due to a difficult life circumstance. Therefore, an individual who does not belong to the legally defined categories of vulnerable consumers may be vulnerable at a certain point in time. Under such circumstances, we should talk about the vulnerability of consumers due to the condition of an individual, which lasts for a certain period of time (usually short-lived). In this case, it is advisable to extend the rules on the protection of vulnerable categories of consumers to these persons as well. As a conclusion of the research, the author points out that vulnerability as a phenomenon can be inherent in any consumer. Therefore, it is suggested to consider vulnerable consumers through the prism of vulnerable categories of consumers and consumers with vulnerability. Separately, the author proposed a definition of consumer vulnerability. [ABSTRACT FROM AUTHOR]
- Subjects :
- CONSUMER protection
CONSUMERS
Subjects
Details
- Language :
- Ukrainian
- ISSN :
- 10269932
- Issue :
- 9
- Database :
- Complementary Index
- Journal :
- Law of Ukraine / Pravo Ukraini
- Publication Type :
- Academic Journal
- Accession number :
- 173958723
- Full Text :
- https://doi.org/10.33498/louu-2023-09-128