Seller's Legal Risks in Retail Sales Contracts: Theoretical and Legal Analysis and Practical Aspects of Protection

Abstract

   The article provides a comprehensive analysis of the legal risks that arise for the seller when concluding and executing retail sales contracts. It examines the specific features of the legal regulation of these relations and identifies legislative issues that create the potential for consumer abuse. Special attention is given to the analysis of legal asymmetry in retail sales contracts, disproportionately high penalties, the practice of obtaining double compensation, the seller’s responsibility for defects caused by the buyer, and the use of consumer legislation for unjustifi ed benefi ts. Based on the analysis of judicial practice and doctrinal approaches, the article proposes specific legal mechanisms for protecting the seller’s interests, including the legislative establishment of criteria for unfair consumer behavior and the improvement of judicial evidence assessment mechanisms in consumer disputes.