The protection of the weaker party in the light of unfair competition and unfair commercial practices
2021
Abstract
The protection of the weaker party is one of the fundamental principles enshrined in private law. The term "weaker party" is most often associated with a consumer who, as a legal subject, enjoys increasing protection under private law, both against unfair competition and unfair commercial practices.
However, this protection can not be limitless - otherwise this could lead to an absurd restriction of the freedom to conduct of a business or even the suppression of the free movement of goods and services. For this reason, protection is provided only to those persons who have sufficient information and are reasonably diligent, cautious and attentive.