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.
| Translated title of the contribution | [Autom. eng. transl.] Incorrect commercial practices and invalidity of the contract in the legislative decree 1151/2019 |
|---|---|
| Original language | Italian |
| Pages (from-to) | 157-178 |
| Number of pages | 22 |
| Journal | JUS |
| Publication status | Published - 2020 |
Keywords
- consumatori
- consumers
- invalidity of the contract
- invalidità del contratto
- pratiche commerciali scorrette
- remedies
- rimedi
- unfair commercial practices