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

Camelia Spasici () and Diana Geanina Ionas ()
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Camelia Spasici: Bucharest University, Bucharest, Romania
Diana Geanina Ionas: Transylvania University of Brasov, Brasov, Romania

RAIS Conference Proceedings 2022-2025 from Research Association for Interdisciplinary Studies

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 (search for similar items in EconPapers)
Pages: 10 pages
Date: 2025-04
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Published in Proceedings of the 39th International RAIS Conference on Social Sciences and Humanities, April 17-18, 2025, pages 257-266

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Persistent link: https://EconPapers.repec.org/RePEc:smo:raiswp:0524

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