LEGAL WILL AND CONSENT IN CIVIL LAW AND CONSUMER LAW. COMPARATIVE STUDY
LEGAL WILL AND CONSENT IN CIVIL LAW AND CONSUMER LAW. COMPARATIVE STUDY

Summary/Abstract: Legal intent and consent are two fundamental elements in the formation and conclusion of a civil contract. Relatively recently, at European level, a right of consumption has also developed as a legal response to public policy, prompted by a new situation, namely the existence of an imbalance between the positions of the trader (strong) and the consumer (weak). However, the new special law also introduced new, unprecedented contractual institutions (distinct from those established in civil law). According to Art 1077 of the Civil Code, “Contracts concluded with consumers are subject to special laws” and, therefore, they are supplemented by general contractual rules (provided for in Art 1066 et seq. of the Civil Code).

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