Under directive 2005/29/CE (regulating unfair commercial practices) consumers have no private right of redress against the trader. The proposed revision of the Italian civil code (d.d.l. 1151/2019) aims to provide a solution to this lack of protection and opts for a remedy between nullity and more generic invalidity of contract. This writing deals with advantages and disadvantages of this proposal and suggests the adoption of a new remedy (unilateral termination of the contract), in order to avoid critical aspects of the current law and to facilitate consumers, usually reluctant to initiate private lawsuits.
Guffanti Pesenti, L., Pratiche commerciali scorrette e invalidità del contrattonel d.d.l. delega 1151/2019, <<JUS>>, 2020; (1): 157-178 [http://hdl.handle.net/10807/158964]
Pratiche commerciali scorrette e invalidità del contratto nel d.d.l. delega 1151/2019
Guffanti Pesenti, Laura
2020
Abstract
Under directive 2005/29/CE (regulating unfair commercial practices) consumers have no private right of redress against the trader. The proposed revision of the Italian civil code (d.d.l. 1151/2019) aims to provide a solution to this lack of protection and opts for a remedy between nullity and more generic invalidity of contract. This writing deals with advantages and disadvantages of this proposal and suggests the adoption of a new remedy (unilateral termination of the contract), in order to avoid critical aspects of the current law and to facilitate consumers, usually reluctant to initiate private lawsuits.
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
