Anomalies Related to the Concept of Consumer in the Hungarian Private Law Cover Image

A fogyasztó fogalmával kapcsolatos anomáliák a magyar magánjogban
Anomalies Related to the Concept of Consumer in the Hungarian Private Law

Author(s): Tekla Papp
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Law on Economics
Published by: Scientia Kiadó
Keywords: consumer; Civil Code; Consumer Act; without professional skill; anomalies

Summary/Abstract: According to the original definition of the Consumer Protection Act the consumer is a natural person acting outside the scope of his own job and economic activity, who buys, orders, receives, use products or he is the entitled of the commercial communication in connection with the products. This category wasn’t in harmony with the one in the old Civil Code according to which the consumer is a person concluding a contract outside the scope of his own job and economic activity, and also different from the provision of the new Hungarian Civli Code (which entered into force on 15th March 2014). The case law based on the old Civil Code – including the newest decision - doesn’t restrict the definition to natural persons. We think the perfect solution would be to take in consideration the interests of those entities that are up to the conditions required by the domestic jurisdiction: only the aim and content should define the limits of protection which could result in a wider circle (even expanding to all of the entities) but in harmony with the directives of the Union (absolute protection of natural persons).

  • Issue Year: 1/2012
  • Issue No: 2
  • Page Range: 249-257
  • Page Count: 9
  • Language: Hungarian