Consumer Contract: A New General Concept or a Variety of Civil Contract?
Consumer Contract: A New General Concept or a Variety of Civil Contract?

Author(s): Camelia Spasici, Diana Geanina Ionaș
Subject(s): Law, Constitution, Jurisprudence, National Economy, Business Economy / Management
Published by: Scientia Moralitas Research Institute
Keywords: Consumer Contract; Precontractual Obligations; Presumed Abusive Clauses; Contract Crisis;
Summary/Abstract: The consumer contract concluded between a professional and a consumer is a recent tool of private law. Given its novel institutions, such as precontractual obligations, unilateral rescind or presumed abusive clauses, the consumer contract is of a controversial legal nature. Thus, questions arise, such as: Is it subject to the general contracting rules stated by the Civil Code (the common law in this matter), or are we witnessing a new general contractual theory? Since consumer law is multidisciplinary in nature, another question arises: Is the consumer contract truly a “contract” in the meaning intended by the Napoleonic Civil Code of 1804? For these reasons, we believe a succinct analysis of the relationship between the consumer contract and civil law is welcomed.

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