CONSUMER CONCEPT AFTER THE DL 84/2021, OF OCTOBER THE 18TH

Abstract

With the entry into force of DL 84/2021, of October the 18th, which began to regulate consumer rights in the purchase and sale of digital goods, content and services, which, in turn, revoked DL 67/2003, of April the 8th regarding the sale of consumer goods, the concept of consumer for the purposes of applying the regime is restricted. Therefore, it only regulates relationships between consumers in a restricted sense (individuals) and professionals, excluding, in turn, legal persons that, in certain circumstances, could assume the position of consumer. If it is true that, until the entry into force of the aforementioned diploma, the legislative echoes concerning a broad notion of the consumer (as legal persons) could still be heard, it is also true that currently they have become practically inaudible. 
Therefore, in our legal system, the consecration of the broad notion of consumer is residual, since such a notion is found in the LDC, and which is derogated by most special regimes, and in a timid reference to such a notion of the LDC of article 3, al. b) of DL 134/2009, of June the 2nd. This article will be an analysis of the concept of consumer both in the pre and post DL84/2021, of October the 18th.