Subject matter of the present study is the right of redress provided by the Directive 44/1999 on consumer sales for final seller. To him art. 1519-quinquies, which according to the Directive was introduced into the Italian civil code, grants a remedy as against anyone of the previous sellers in the chain to whom the non conformity to contract is imputable. The final seller can recover any expense due to the non conformity he has made, and this is true redress in a technical sense. After this precision, the author tries to single out the foundation of this remedy and comes to the conclusion that this is the liability of the one in the chain who has caused the non conformity. Question arises whether the redress includes also damages paid to the consumer by the final seller, since the discipline introduced by the Directive does not deal with this problem. The study finally is an occasion to discuss the question regarding the nature of the fundamental remedy granted by the new discipline to the consumer as against the final seller. The relationship between the rules on products liability and those newly introduced on consumer sales is also dealt with.
|Titolo tradotto del contributo||[Autom. eng. transl.] The right of withdrawal of the final seller in the protection of the consumer|
|Numero di pagine||32|
|Rivista||EUROPA E DIRITTO PRIVATO|
|Stato di pubblicazione||Pubblicato - 2004|
- diritto di regresso
- tutela del consumatore
- vendita dei beni di consumo