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

Author

Listed:
  • Camelia Spasici

    (Bucharest University, Bucharest, Romania)

  • Diana Geanina Ionas

    (Transylvania University of Brasov, Brasov, Romania)

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.

Suggested Citation

  • Camelia Spasici & Diana Geanina Ionas, 2025. "Consumer Contract: A New General Concept or a Variety of Civil Contract?," RAIS Conference Proceedings 2022-2024 0524, Research Association for Interdisciplinary Studies.
  • Handle: RePEc:smo:raiswp:0524
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