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Publication

Online business and the thin line between professional and private transactions

Journal Contribution - Journal Article

The collaborative economy challenges the binary nature of consumer law which draws a rigid line between professional and non-professional transactions. This paper addresses different approaches of qualifying a provider in the collaborative economy as a “business”. It is observed that the traditional approach of formulating qualitative thresholds provides some guidance for clarifying extreme situations but fails to shed a bright light on the many providers that operate in a twilight zone. The alternative approach of formulating quantitative thresholds ex ante may contribute to legal certainty, but also leads to arbitrariness. A more radical approach could be to abandon the concept of a business altogether, much like the Vienna Sales Convention (CISG) already does. Perhaps the time has come to question the binary nature of consumer law.
Journal: Revue Européenne de Droit de la Consommation
ISSN: 0775-3209
Issue: 1
Pages: 19 - 48
Publication year:2022
Accessibility:Closed