Responsibility of the owner of the agregator and the seller to the consumer under the agreement of sale on the marketplace

Authors
  • Alexander V. Savoskin

    Alexander V. Savoskin. Ural State Law University named after V.F. Yakovlev Ekaterinburg. Russia

  • Ilya I. Flikov

    Ilya I. Flikov Ural State Law University named after V.F. Yakovlev. Ekaterinburg. Russia

Abstract

The subject of the study in the article is the basis of the civil liability of the owner of the aggregator and the seller under the contract of sale on the marketplace to the consumer in case of sale of goods of inadequate quality. The aim of the work is to establish the regulatory basis for such responsibility, the basis for the distribution of such responsibility between the owner of the aggregator and the seller, to identify modern scientific positions regarding the subject of study, to consider the current positions of higher courts regarding the subject of study, as well as to identify and propose criteria for the distribution of responsibility. In order to achieve these goals, the legislation in the field of consumer rights protection is analyzed, current judicial practice is given, current scientific positions of other authors are considered. The result of the work is the identified criteria for establishing and understanding the essence of the relationship between the owner of the aggregator and the seller, their legal justification. The identified criteria should contribute to the effectiveness of judicial protection of consumer rights on the territory of the Russian Federation, and provide a greater level of protection when buying goods using marketplaces.
Keywords: consumer, seller, aggregator owner, marketplace, goods, e-commerce, purchase and sale agreement.