EXECUTION OF A CONSUMER AGREEMENT IN UKRAINE AND THE EUROPEAN UNION: GENERAL PROVISIONS

Abstract

The article examines for the first time the general provisions of the concept of "perfor-mance under a consumer contract" under the legislation of Ukraine and the EU. It was determined that the contract is complex (covers different types of contracts), so the implementation will also be differentiated. In essence, the performance of a consumer con-tract is identical to performance in general. The content is different from other contracts, because the consumer is vulnerable. It is based on the principles of contract performance and the presumption of "protection of the vulnerable party". It is proved that the proper execution of the consumer contract is based, first of all, on the contract, which must not violate the rights of the consumer. It is substantiated that the vulnerability of the consumer during the execution of the consumer contract is compensated by granting him certain rights. The main duties of an entrepreneur. It is proposed to differentiate performance un-der the consumer contract according to five features. It has been proven that the fulfillment of information obligations is a prerequisite for its conclusion and implementation. The po-sition on the need to make changes and additions to the current Law of Ukraine "On the Protection of Consumer Rights" is expressed. It has been established that in EU countries the concept of performance under a consumer contract essentially coincides with the Ukrainian one. The principle of "god faith" is recognized there, with the exception of Britain, where it acts indirectly. In the EU, the consumer is taken care of when he is particularly vulnerable. Informing him is the main duty of a merchant. The EU applies the positive ex-perience of individual member states in regulating relations with consumers. The analysis of EU legislation proves that there are "red lines" in relations with consumers, the violation of which is unacceptable. In the future, the issue of "elements of performance" under the consumer contract should be investigated.