Some Remarks on Consumer-Requested Invalidity
Some Remarks on Consumer-Requested Invalidity

Summary/Abstract: The article, conceived as a research study, explores the entitlement, developed in case law on consumer protection, that makes the invalidity of a contract contingent on the consumer's will, and the way it reshapes the very notion of invalidity as a legal sanction. The research problem addresses the evolution of traditional civil law institutions, in particular the sanction of invalidity of a legal act and the interpretation of a declaration of intent. The article seeks to determine whether this entitlement calls for a subjective interpretation of the consumer's declaration of intent in consumer contracts, and whether it compels a rethinking of the concept of the legal act itself. The inquiry is made within both the national and the European Union contexts, since it covers issues grounded in EU law. The article aspires to enrich scholarship by engaging with a topical theoretical question and to inform practice in light of the rich body of case law on consumer matters.

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