Exchange of quality goods by the consumer for a similar goods

Автор: Mikryukov V.A.

Журнал: Ex jure @ex-jure

Рубрика: Частноправовые (цивилистические) науки

Статья в выпуске: 2, 2023 года.

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Based on the analysis of one of the retail purchase and sale features as a construction of a consumer contract - where buyer is granted the right to exchange quality goods - the author reveals mechanism of action of analogy elements in the legal norms governing exercise of the relevant right by the buyer and fulfillment of corresponding obligation by the seller. Author makes conclusion about permissibility of equitable analogical interpretation of regulatory rules in favor of a citizen as a weaker party to the contract (subject to the consumer's good faith) and the need to exclude such rules which provide seller with the opportunity to justify their refusal to exchange goods with references to similarity to another goods, in respect of which the ban on exchange is imperative.

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Consumer rights protection, relatively specific analogues norms, similar goods, analogue method in private law

Короткий адрес: https://sciup.org/147240993

IDR: 147240993   |   DOI: 10.17072/2619-0648-2023-2-89-99

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