A prova da posição de consumidor como destinatário final, nas relações jurídicas de consumo

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

The present work searches to investigate the legal concept of the expression "final addressee" contained in the caption of the article 2.0 of the Code of Defense of the consumer, basing itself on two reasons; a first one, inhabits in the fact to have the used legislator of this expression as half to appraise and to specify the consuming standard, or either, so that if can identify the consumer. The second reason, occurs because, so that is possible the application of the norms of the CDC, it is necessary to have in aiming a typical legal relationship of consumption, that is, that one that involves consumer and supplier as informing citizens of the relation and product or service as object. Of the analysis of the concept of final addressee, it has been broken for the inquiry of another consequent problem, that is of the test, arguing itself then, to who it competes the test - and where more opportune procedural moment - of the position of final addressee and the conclusion gotten in this work is that the concept of final addressee has direct relation with the object civil liability, assumed for the supllier when of the rank of a product or service in the consumption market, being certain that this position will depend on the analysis of each in case that concrete, by means of test production, whose responsibility will fit to who alleges cited position

ASSUNTO(S)

direito codigo brasileiro de defesa do consumidor consumidores destinatario final

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