ON THE PARTIES TO PLATFORM-BASED CONSUMER CONTRACTS OF SALE, DIGITAL CONTENT AND DIGITAL SERVICES Cover Image
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СТРАНИ ПО ПОТРЕБИТЕЛСКИТЕ ДОГОВОРИ ЗА ПРЕДОСТАВЯНЕ НА ЦИФРОВО СЪДЪРЖАНИЕ И УСЛУГИ, И ЗА ПРОДАЖБА НА СТОКИ, СКЛЮЧЕНИ ЧРЕЗ ПЛАТФОРМА
ON THE PARTIES TO PLATFORM-BASED CONSUMER CONTRACTS OF SALE, DIGITAL CONTENT AND DIGITAL SERVICES

Author(s): Krasimir Mitev
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Court case
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: party to a contract; consumer; consumer contract, platform-based contract; intermediary; sales contract; digital content and digital services contracts

Summary/Abstract: The article examines the concept of contractual party in the context of consumer law and platform-based contracts. The author studies the recently passed legislation on digital content and services contracts and sale of goods contracts. The case-law of the CJEU on the status of intermediaries in EU consumer law is also analyzed. Overall, the article arrives at the conclusion that the concept of contractual party is still fundamental to describe persons who will be bound with the contractual rights and obligations. Still in platform-based contracts, due to the influence which the platform exercises on conclusion and content of the contract, the platform may be under obligation even without being a party to that contract.

  • Issue Year: LXV/2023
  • Issue No: 2
  • Page Range: 3-27
  • Page Count: 25
  • Language: Bulgarian