Одређивање граница појмова потрошач и трговац у савременом пословном промету
Making Distinction Between The Notions Of A Consumer And A Trader In Modern Commercial Transactions

Summary/Abstract: In order to specify the application area of legal rules that govern consumer protection matters in reference to persons who actually benefit from it, the author analyses legislative solutions from Europeancountries regarding the definition of the terms consumer and trader, also providing the comparative analysis of certain national and the corresponding European Court of Justice judicial practices. On the same issue, the author reviews the state of current Serbian legislation. In terms of the "situational component" of the term consumer, the author highlights all the complexities of its theoretical definition. In that context, he joins those scholars who support the extensive interpretation of the terms consumer and trader and proposes a definition de lege ferenda that would include the extensions already present in some EU countries. As regards the term trader, the author especially focuses on the rules of domestic legislation relevant for its definition. Particularly noteworthy is the solution of domestic legislation wherein an individual farmer is not considered an entrepreneur due to the existence of numerous small agricultural farms in Serbia and restrictive interpretations of the European Court of Justice in the context of mixed (dual-use) contracts.

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