ELEMENTS OF IMPLEMENTATION OF THE CONSUMER CONTRACT IN UKRAINE AND THE EUROPEAN UNION

Abstract

The article for the first time explores the concept of “elements of proper performance under a consumer contract” under the legislation of Ukraine and the EU. It is determined that there is a general and separate differentiation of execution elements in a consumer contract. It is proved that the elements of performance in the consumer and commercial contract in terms of composition and content are not identical. Execution by third parties in a commercial contract is allowed, and in the consumer – only on the side of the consumer. It is proved that in the contract for the supply of energy resources through the connected network through the consumer, the legal regulation changes – it refers to services, respectively, is executed with its own set of elements of execution. In the EU, according to the DCFR and EСС, the composition and content of the elements of the proper implementation of the consumer contract is also determined at the general and separate levels. General provisions that apply to all civil law contracts. At a separate level, the EU is considering a consumer purchase and sale agreement. According to the EСС, the element “subject of execution” in the sales contract must meet four conditions for the validity of the sale. The elements “due date” and “place of execution” are defined generally for all contracts. The place of conclusion of a consumer contract affects its implementation. In Ukraine too. In Germany, the term for the fulfillment of the consumer's monetary duty is determined by sedimentation and differentiation. In the legislation of the EU and individual countries, the elements of the implementation of the consumer contract take into account cases of consumer vulnerability, which contributes to its protection. Proposed amendments to the current Law of Ukraine “On Protection of Consumer Rights” to determine the rights of consumers in the conclusion of the contract and its implementation. In the future, you need to focus on the issue of civil liability under a consumer contract.