THE NOTION OF PROFESSIONAL IN CONSUMER LAW
THE NOTION OF PROFESSIONAL IN CONSUMER LAW

Summary/Abstract: The term of professional is not provided express verbis by the legislature in the framework regulation, Consumption Code, rather one can find it in several special laws, thus having an application under the scope thereof. According to the Consumer Code, another notion represents the proximate genus, the notion of economic operator. Although the legal definition of the notion of economic operator is comprehensive, de lege ferenda, the concept of professional should be also taken over in the framework law, in order to avoid confusions that could arise from the terminological ambiguities, and to create a unitary conceptual framework; if we analyze this notion, we can find that the consumer law ignores, inter alia, the traditional distinction between traders and other noncommercial professionals categories and the freelance jobs can, in principle, be included in the scope thereof. Starting from the definition of professional notion set out by the new Civil Code, we will describe all the categories of professionals that will be applied the norms of Consumer Law.

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