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Mgr Jacek Jastrzębski
ORCID: 0000-0002-2362-4954

PhD student in the University of Adam Mickiewicz University Doctoral School of Social Sciences

 
DOI: 10.33226/0137-5490.2022.4.6
JEL: K12, K22

The aim of the article, as in the title, is an attempt to answer the question: Is an individual investor on the capital market a consumer? Answering the question, the author argues that if an individual investor meets the conditions which grant him the status of a consumer within the meaning of the provisions of the Civil Code, he should, in principle, be considered a consumer. This, however, is related to the application of the provisions on consumer protection to him. In support of this thesis, arguments were presented, referring to the jurisprudence of the Polish Supreme Court, the Court of Justice of the European Union, the linguistic and functional interpretation of the provisions regulating the consumer status, as well as the European Union policies in the field of consumer protection. The judgment of the Supreme Court and common courts, which refuse to grant an individual investor the status of a consumer, referring to criteria devoid of a normative basis, were criticized. The basic method used in the article is the dogmatic-legal method. The analysis of empirical data was used as an auxiliary.

Keywords: individual investor; consumer; capital market; financial instruments