THE PRE-CONTRACTUAL INFORMATIONAL LEGAL RELATIONSHIP, DEVELOPING WHEN PURCHASING MOBILE APPLICATIONS

Year: 
2018

Article:

Issue: 
4

Author(s): 
Kuznetsova Nadezhda
Abstract: 

The author examines the structural elements of the pre-contractual information legal relationship developing when purchasing mobile applications, such as its object, subjects, and content, as well as certain types of dishonest behaviour when providing information to consumers. The absence of
legal regulation of the specifics of the purchase of digital content, in particular, mobile applications, causes the inability to apply consumer protection legislation to pre-contractual information legal relations concerning the acquisition of mobile applications. The author also touches on the problems
related to the legal status of the subjects of legal relations on purchasing a mobile application, the responsibility of the latter for failure to provide pre-contractual information about the mobile application, as well as violations of the pre-contractual obligation to inform properly the consumer who purchases a mobile application.

Key words: 

pre-contractual legal relationship, information legal relationship, license agreement, agency contract, pre-contractual duty of the seller to provide information to the consumer, necessary and reliable information, app store

Text of the article: 
English