El concepto legal de «consumidor» en el Derecho privado europeo y en el Derecho español: aspectos controvertidos o no resueltos

Abstract

There is a quite uniform definition of "consumer" in some EU Directives and Regulations, in the so called "Draft Common Frame of Reference" (2009 DCFR), in other texts to revise the acquis communautaire (2007 Acquis Principles, 2008 Proposal for a Directive on Consumer Rights) as well as in the new legal concept enshrined in article 3 of the Consolidated Text of the General Act on the Protection of Consumers and Users (Legislative Royal Decree 1/2007, of 16th November), which follows these European precedents. It is, therefore, feasible and necessary to face a critical analysis of the shortcomings of the legal notion according to both European and Spanish case law and practice. Different controversial or not solved issues are dealt with here under that approach, such as the "mixed acts", the problem of legal persons as consumers, the requisite of the lack of intention to make profit or the burden of proof on the consumer's capacity.