Квалификация на понятието „потребителски договор” при определяне на международната компетентност
Characteristics of the Term “Consumer Contract” for the Purpose of Determining International Jurisdiction

Summary/Abstract: INTERNATIONAL PRIVATE LAW // This article argues that the terms and the concepts used in the stipulations of private international law to determine court jurisdiction merit a specific characterization. Provisions to determine international jurisdiction in consumer contract disputes as incorporated in Private International Law Code and Brussels I Regulation are analyzed in parallel and their scope of application is allocated accordingly. The article focuses on Regulation arts. 15-17 in particular since it is these articles that define the specific qualification of the term “consumer contract” both for the aims of the said Code as well as, wherever applicable, for its autonomous interpretation in step with the practice of the European Union Court of Justice. The article also makes a note of the unification of the term for jurisdiction determination and for applicable law under the joint application of Regulation Brussels I and Regulation Rome I. Mention is likewise made of the adverse effects which might originate from the inadequate qualification of the term “consumer contract” when determining international jurisdiction in the process of exequatur of a court decision in another member-state.

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