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Consumer modells and regulation

Publication at Faculty of Law |
2016

Abstract

The effectiveness of market process significantly depends on the ability of consumers to contribute to the rational decisions of market allocation purposes. Therefore the consumer protection rules are focusing on the person, who should be protected.

Automatically arises the question: who is the consumer who needs special protection? The legislator created "consumer models" determine the regulation level and at the same time balancing the proportion of entrepreneurial freedom and legitimate consumer demand as well. This working paper examines the following fields: after a short summary of the significant consumer models and their importance, first (1) how particular can be a national consumer model in the light of European Union regulations and standards; second (2) what kind of consumer models are reflected in the European Directives (average consumer, vulnerable consumer) and in the decisions of the European Court of Justice (average consumer who is reasonably well-informed and reasonably observant and circumspect or weaker party)? Finally (3) the study highlights some problems regarding the definition of consumer models (eg.

Consumers do not form a homogeneous group, different security needs depending on the product type or on the type of buying or on economic crises). The study is intended to serve as the starting point for the national legislature and courts at the application of consumer models.