Horblianskyi V. Protection of consumers’ rights under the treaty on the provision of services.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003522

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

03-07-2019

Specialized Academic Board

К 20.051.14

Kolomyia Educational-Scientific Institute The Vasyl Stefanyk Precarpathian National University

Essay

The dissertation is devoted to the research of actual theoretical and practical problems connected with the protection of consumers’ rights under the treaty on the provision of services. The work dealt with the history of the formation and development of legal regulation of the protection of consumers’ rights under the treaty on the provision of services, as well as the system of general documents regulating the protection of consumers’ rights under the treaty on the provision of services in Ukraine and countries of the European Union. It was established that the main legislation regulating the protection of consumers' rights, including under the treaty on the provision of services, is the Law of Ukraine «n Consumer Rights Protection».The dissertation examined the opinions of academics by definition of the concepts «consumer treaty», «treaty with the consumer’s participation». The analysis of doctrinal approaches to the definition of the concept of «service» was carried out, the characteristics of the service were given, its characteristics were determined, service was delimited from the execution of works. It was proved that qualifying features of the treaty on the provision of services with the consumer’s participation: a) the subject of the treaty - a service that should be considered as action, useful, unreachable result of which is consumed in the process of their commission; b) the subjective composition of the treaty, consisting of: the customer (consumer) - the physical person and the performer (the person providing the service) - the subject of economic activity; c) the purpose of concluding a treaty - satisfaction of personal needs of the consumer, not related to the implementation of entrepreneurial activity; d) the specificity of the legal regulation, which provides for the provision of additional guarantees of consumer’s rights protection as a «weaker» party of the treaty, enshrined in the Law of Ukraine «On Consumer’s Rights Protection» and other general documents. It was indicated that the qualification of the treaty on the provision of services as a treaty with the consumer’s participation is carried out in the aggregate of all of these characteristics.

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