Abstract

STOFFEL MUNCK, Philippe. Autonomy of Consumer Contract Law: from a Civil Law perspective to a logic of regulation. Rev. Derecho Privado [online]. 2013, n.25, pp.57-79. ISSN 0123-4366.

Abstract In order to determine if the choice made in French Law of bringing the rules on Consumer Law into a single body of law was right, it is necessary to verify if these are not only enough autonomous with regard to the general rules of the Civil Code, but also if they possess their own spirit. Through the formal check of the rules conforming both codifications, the analysis of legal developments strongly influenced by Community Law and the focus on the phase of formation of contract, the existence of a specific character is proven, which find its very significance in the categorization of one of the parties to the contract, as well as in the protection of a collective public order particular to the market dynamics.

Keywords : Civil Code; Consumer Code; French law; formalism; withdrawal; unfair terms.

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