Consumer contract

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The Civil Code mentions the 'consumer contract', among other things, in Section 355 , the so-called right of withdrawal in consumer contracts. The legal definition is in Section 310 (3) BGB, according to which it is a matter of contracts "between an entrepreneur and a consumer (consumer contracts)". These contracts can be of various types (purchase, service, work, etc.). It is important that one of the parties is a consumer or an entrepreneur.

The terms consumer and entrepreneur are regulated as follows:

  • Consumer ( § 13 BGB):
    "A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity."

The decisive factor is the purpose of the business, so the businessman who buys a vehicle privately is also a consumer.

  • Entrepreneur ( § 14 Abs. 1 BGB):
    "Entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity."

See also

literature

  • Martin Krämer: The commercial term in civil law . Publishing house Dr. Kovac, Hamburg 2009, ISBN 978-3-8300-4195-5 .