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Notion of Consumer in European and Czech Law
Dědina, Matěj ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Title: Notion of Consumer in European and Czech Law The main aim of the thesis is to analyze the notion of consumer, to describe its historical evolution and provide solutions de lege ferenda. The notion of consumer, which is crucial for the extent of consumer protection, results from the concept of weaker contracting party. Therefore this thesis firstly deals with its definition, main principles, general enactment in the Civil Code and particular examples of protection of weaker parties. The thesis mainly focuses on legal regulation of the notion of consumer in European law which is exclusively regulated by secondary legislation of the EU. The majority of private law directives is based on the principle of minimum harmonisation and, in accordance with the case law of the Court of Justice of the EU, it characterises the consumer as a natural person acting with the entrepreneur out of their professional activity. It is assumed that consumer protection might become more integrated within the internal market of the EU, as well as based on full harmonisation principle or adoption of a general "European Consumer Protection Act". In the Czech Republic, the notion of consumer has been enacted since 1993 and the definition was restricted through a few amendments solely to natural persons. The...
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