Origin of the Consumer law, definition of consumer, user, professional. why the consumer law was created, comparison between the Italian civil code and European law. Principle of good faith
It’s born from the need to protect a particular category of people, usually at
disadvantage during the discussion of a contract
Consumer law must me applied before the civil law and the latter must be applied
only if doesn’t go against the principle of the former
This sensibility is quite new —> second half of the 20th century —> the individual
must be at the centre of the legal system and it has rights —> to fulfil the real scope
of the legal system
In order to achieve this goal in the best way possible and to unify the different legal
systems, the Consumer Law has a European origin—> to see the persons not only
has juridical subject but as concrete persons, and to unify the different countries
(regarding particular branches)
As the source of European law this is in the group of directives
(regulations/decisions)
Consumer Law
Art.2 Consumers’ rights (the most important rights are recognised to protect the
individual, seeing the consumer as a concrete person, with essential needs and
interests—> strong attention to the personal values, recognised as rights
Art. 3 Definitions
The following definitions are used tor the purposes of this Code
A)consumer or user: any natural person who is acting for purposes which are
outside his trade.
b) consumers' and users' associations: social groupings whose sole purpose as
provided in their
articles of association is the protection of consumers or users rights and
interests:
C)professional: any natures or less person who is acting for purposes related to
his trade
precession, of his intermediary
CONSUMER/USER
Any natural person who is acting for purpose which are outside his/her trade,
business or profession—> Consumer Law
Ex. A lawyer can buy a furniture for personal needs or for his business needs
PROFESSIONAL
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