Publication: The Theory of Consent Vices in Terms of the Rules of Consumer Law through European Legislation
Date
Authors
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ASEM
Abstract
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PLOTNIC, Olesea. The Theory of Consent Vices in Terms of the Rules of Consumer Law through European Legislation. Eastern European Journal of Regional Studies. December 2020, vol. 6, issue 2, pp. 48-61. ISSN 2537-6179; E-ISSN 1857-436X.
The balance of the consumer contract concerns more the notion of cause of the obligation, since the contractual balance supposes an analysis of the counterparties. Jurisprudence and doctrine have sometimes used this concept to remedy imbalances, in particular by carrying out a more global analysis of the content of the contract. Common law has its own rules for rebalancing the contract, and in particular the theory of vices of consent. The interest of this article is to show if the rules of common law can be used to balance the consumer contract and to what extent they are to fight against contractual unfair terms in consumer contracts. JEL: P 37(P 48), L 84
The balance of the consumer contract concerns more the notion of cause of the obligation, since the contractual balance supposes an analysis of the counterparties. Jurisprudence and doctrine have sometimes used this concept to remedy imbalances, in particular by carrying out a more global analysis of the content of the contract. Common law has its own rules for rebalancing the contract, and in particular the theory of vices of consent. The interest of this article is to show if the rules of common law can be used to balance the consumer contract and to what extent they are to fight against contractual unfair terms in consumer contracts. JEL: P 37(P 48), L 84
Keywords
consumer, consent vices, rules, balance, contract, unfair terms