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

Year: 2025

Type: conference-paper

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. Keywords: Consumer Contract, Precontractual Obligations, Unilateral Rescind, Presumed Abusive Clauses, Contract Crisis

Source: Zenodo (CERN European Organization for Nuclear Research)

DOI: 10.5281/zenodo.15481707

Authors: Spasici, Camelia, Ionaș, Diana Geanina

Language: English

Topic: European and International Contract Law

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: green

OpenAlex ID: W6912110761

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