PROTECTION OF THE WEAKER PARTY IN CONSUMER LEGAL RELATIONS IN THE DIGITAL AGE: FROM THE TRADITIONAL CONTRACT TO A MOUSE CLICK

Abstract

The article examines the specific features of protecting the weaker party in consumer legal relations under conditions of digital transformation of contractual models. Particular attention is paid to the evolution of the contractual form – from traditional contracts to electronic formats concluded through interaction with a user interface, in particular by clicking an «agree» button. It is substantiated that the formalization of the contract formation process in the digital environment leads to a gap between the technical act of consent and the actual expression of the consumer’s will. The study analyzes the concept of «meaningful consent» as an integrative standard reflecting the qualitative characteristics of consent, as well as its relationship with the concept of informed consent.
The research employs a systemic method, which made it possible to examine specific types of digital contractual relations. The formal legal method was used to analyze the provisions of national legislation in the field of electronic commerce and consumer protection, as well as the legal acts of the European Union. The comparative legal method enabled the study of EU approaches to ensuring consumer awareness, transparency of contractual terms, and guarantees of freedom of expression of will in the digital environment.
The theoretical significance of the study lies in the development of the scientific understanding of the concept of the weaker party as a multidimensional category encompassing not only economic but also procedural and cognitive aspects. The practical significance lies in formulating approaches to improving the legal regulation of consumer relations in the digital age, in particular through the introduction of differentiated requirements for obtaining consent, as well as enhancing the standards of accessibility and comprehensibility of contractual information.