О ПРИРОДИ И ПОРЕКЛУ ПОТРОШАЧКЕ РАЊИВОСТИ
ON THE NATURE AND ORIGIN OF CONSUMER VULNERABILITY
Author(s): Nenad TešićSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Београду
Keywords: Principle of good faith; Weaker contractual party; Average consumer; Vulnerable consumer; Situational (ad hoc) vulnerability;
Summary/Abstract: A consumer that is on a regular basis reasonably well-informed, and reasonably observant and circumspect may be affected by vulnerability in a particular situation. The author strongly believes that in the area of consumer protection, the abstract notion of vulnerable consumer should be introduced, in addition to the average consumer, as a legal standard of equal importance. The fundamental relation of consumer law, business-to-consumer (B2C), has been upgraded with a complex business-to-vulnerable consumer relationship (B2VC). Public authorities, in particular, have to take this fact into account when interpreting and applying consumer law so that a higher level of protection is guaranteed to vulnerable consumers. If protection of the consumer, as the weaker contractual party, is a significant step in the eternal development of good faith principles, then guaranteeing special protection to vulnerable consumers should be the next crucial move forward in the evolution of good faith principles.
Journal: Анали Правног факултета у Београду
- Issue Year: 68/2020
- Issue No: 3
- Page Range: 86-110
- Page Count: 25
- Language: Serbian