engleski

Consumer Protection in the Light of Private Autonomy

Private autonomy is the fundamental common european principle of private laws and as a foundation of the liberal economic system it gives the shape to the free-market economy system. The fact that the free and efficient competition can only be ensured through autonomous formation of legal relationships in the market place, connects functionally the freedom of contract and the free competition. However, when the consumer and professional trader meet (so-called b2c situation) the disturbance of contract parity can develop. When a consumer cannot determine the conclusion and content of a contract because of offerors’ supremacy, this leads to no self-determination of a consumer and consequently to an unwanted contract. Therefore the task of numerous protective instruments contained in the EC Consumer Contract Directives is to enable a consumer as a contracting party opposed to a trader a formation of its own decisions in accordance with the principle of private autonomy.

consumer protection; private autonomy

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