This essay is about unification of european contract law. Id adopts a three step approach. In the first step it is laid down the relatioship between the Civil code and the consumer code in Italy as a link of pincipal to agent. In the second stesp it is submitted that the Italuan Consumer law rests almost completely on european directives: therefore the supremacy principle makes the civil code dpendent on the consumer code (as implementation of directive). As a consequnece it is submitted that even in matters of "general" contract law, civil code rules cannot be applied in such a way or to the end to infringe the consumer rules. Examples are given in the field of unfair beahviour, voidness of contracts and delay in payment. Thirdly the issue of an European Law of contract is addressed. Drawing from previous conclusion it is subitted that the alternative beween an optional or a mandatory european code of contract does not affect the subsance of the matter.

Mènage a trois. Il codice del consumo italiano. Tra codice civile e acquis communautaire

SCANNICCHIO, Nicola
2008

Abstract

This essay is about unification of european contract law. Id adopts a three step approach. In the first step it is laid down the relatioship between the Civil code and the consumer code in Italy as a link of pincipal to agent. In the second stesp it is submitted that the Italuan Consumer law rests almost completely on european directives: therefore the supremacy principle makes the civil code dpendent on the consumer code (as implementation of directive). As a consequnece it is submitted that even in matters of "general" contract law, civil code rules cannot be applied in such a way or to the end to infringe the consumer rules. Examples are given in the field of unfair beahviour, voidness of contracts and delay in payment. Thirdly the issue of an European Law of contract is addressed. Drawing from previous conclusion it is subitted that the alternative beween an optional or a mandatory european code of contract does not affect the subsance of the matter.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11586/20685
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