The article examines the doctrinal positions, EU law and national legislation on the essence of subjective consumer obligation. The study of the consumer’s obligation as an element of his or her status is quite relevant today. Thus, we are currently witnessing the evolution of consumer relations and the development of their legal regulation. Consumer legal relations are aimed at protecting their weakest party – the consumer. This focus is mediated by enhanced protection and privileged rights. However, as these legal relations become more distinct within civil relations and acquire independent significance, the issue of their balance is important. The definition of a consumer obligation as an element of the legal status of a consumer is a logical consequence of the establishment of the consumer protection system and is subject to a separate study.

The purpose of the article is to make a scientific and legal analysis of the legal essence of the subjective obligation of a consumer through the prism of a new understanding of the concept of ‘caveat emptor’.

The article notes that there are two concepts of seller-buyer relations. The first concept is ‘caveat emptor’, which originally reflected the idea of protecting individual interests from arbitrary intrusion by the state or society. The historical essence of the concept of ‘caveat emptor’ sought to reflect the good intentions that were imbued with the idea of individual freedom. At the same time, the course of time has shown the imperfection of this concept. Consumer legislation and the need to protect the weaker party to a consumer contract have changed the rules of the game. Thus, ‘caveat emptor’ was later replaced by the principle of ‘caveat venditor’ (i. e., the seller must be aware of the consumer’s needs), which was a natural process of establishing the consumer protection system.

At the same time, in modern conditions, although one concept has been replaced by another, it has not disappeared altogether. The concept of ‘caveat emptor’ remains as an embodiment of consumer obligations, although it is not decisive for the formation of legal regulation of consumer relations. Therefore, in view of the need to maintain a balance of interests of all parties to consumer legal relations, a certain limited use of the ‘caveat emptor’ concept should be envisaged at the legislative level.

As a result of the study, the author notes that consumers should be active participants in consumer legal relations not only in the context of purchasing products, but also in the effective exercise of their privileged rights. The author substantiates a new understanding of the concept of caveat emptor, which is that the law establishes certain minimum obligations for responsible consumer behaviour in such legal relations. This minimum will reflect the concept of ‘caveat emptor’ in its modern sense, which is limited to the primarily historical one and takes into account the pro-consumer nature of legal regulation of consumer relations.

Bibliography

Authored books

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Journal articles

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 6. Nigam S, ‘From Caveat Emptor to Caveat Venditor: The Consumer Protection Act 2019 And the Consumer Rights’ [2020] 34 (3) Legal News and Views 2–7.

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8. Shukri Mohd, Ismail Rahmah, Markom Ruzian, The application of caveat emptor and caveat venditor doctrines from civil and Islamic perspectives [2021] 28 Jurnal Undang-Undang dan Masyarakat 92–103.

9. Sinha Parul, ‘Electronic Contracts and Consumer Protection: Does Legislation Provide Adequate Consumer Protection’ [2017] 23 Bharati Law Review 12.

10. Cherniak O, ‘Pravova pryroda obov’iazku spozhyvacha: dosvid Ukrainy ta YeS’ [2013] 12 Pryvatne pravo i pidpryiemnytstvo 184–189.

Theses

11. Al-Mamari S, ‘General Principles of Consumer Protection in E-Commerce Trade: A Comparative Study between Islamic Law and EU Laws’ (Doctoral Thesis 2019).

12. Nadon V, ‘Sub’iektyvnyi obov’iazok yak element zmistu tsyvilnykh pravovidnosyn’ (avtoref dys d-ra yuryd nauk 2018).

Websites

13. Caveat emptor, Legal Information Institute (Cornell Law School) <https://www.law.cornell. edu/wex/caveat_emptor> (accessed: 28.07.2022).