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THE PRINCIPLE OF JUSTICE IN THE REGULATION OF CONSUMER CONTRACTS IN THE CIVIL LAW OF UKRAINE

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 68)

Publication Date:

Authors : ;

Page : 143-148

Keywords : consumer contract; principle of justice; consumer; equality; unfair; conditions;

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Abstract

Introduction. The general principles of the civil legislation of Ukraine are the guiding norms that determine the content and directions of legal regulation of this field, including consumer contracts. One of the principles in the civil law of Ukraine is justice as a reference point for determining the limits of equality, the free will of the parties to consumer relations, their mutual rights and obligations, including those that are not directly provided for by the law or the contract. The influence of justice on the dispositive nature of consumer legal relations, the freedom of expression of the parties' will require in-depth scientific research in the context of the rapid increase in the number of consumer contracts and the dynamic development of consumer relations at the current stage. Goal. The purpose of the study is to reveal scientific approaches to the definition of the concept of the principle of justice, as a fundamental category used to conclude, change and terminate civil contractual relations under the legislation of Ukraine, as well as to clarify its essence and impact on the legal regulation of obligations arising in the sphere of contractual relations with the participation of consumers of goods, works and services. On the basis of the obtained results, make scientifically based proposals regarding the improvement of the existing mechanism for ensuring the functioning of the principle of justice in the legal relationship between the consumer and the seller (producer, contractor). Materials and methods. The research materials are: 1) regulatory and legal regulation of civil contractual relations with the participation of consumers of goods, works and services; 2) scientific research conducted in civil law doctrine by domestic and foreign authors regarding the concept, essence and importance of the principle of justice for the dynamics of contractual practice in Ukraine. In the process of carrying out the research, the following scientific methods were used: theoretical generalization and grouping (to characterize the concept and determine the features of the principle of justice in the civil law of Ukraine); analysis, synthesis and logical generalization (for the formation of conclusions regarding the results of the influence of the principle of justice on the legal regulation of contractual relations arising with the participation of consumers of goods, works and services). The results. The article is devoted to the principle of justice as one of the fundamental principles in the civil law of Ukraine. The concept of «justice» and its components are analyzed in detail. Special attention is focused on the criteria of fair behavior of participants in consumer contracts. It is proposed to improve the current civil legislation regarding more accurate and complete legal regulation of the field of consumer contracts in the light of the fundamental principle — justice. The scientific analysis allowed us to come to the conclusion that the role of the principle of justice in the regulation of consumer contracts in the civil law of Ukraine is only growing and it remains universal in the performance of consumer obligations by the parties. In this regard, the potential of the specified basis for consumer contracts requires further scientific research. Prospects. Taking into account the rather growing number of consumer contracts, including those concluded using remote means, it is worth noting the need for their more detailed regulation and a clear legislative definition of both the concept of «consumer contract» itself and its main varieties, taking into account the universal in this in the sphere of the principle of fairness of both sides of the consumer contract.

Last modified: 2023-12-19 03:08:08