Contractual consequences of unfair commercial practices with consumers

comparative Law solutions and recent regulatory developments in the European Union

Abstract

This work deals with the complex issue of the contractual consequences of unfair commercial practices with consumers. The study starts from the analysis of its normative context and the treatment that this matter has received in Spanish law. Next, the lege ferenda proposals formulated by the doctrine in order to improve the contractual protection of consumers affected by unfair practices are exposed, as well as the different contractual remedies arbitrated in other EU States. Subsequently, the new regulatory developments emanating from Brussels are examined, to later analyze the national legislative initiatives aimed at their incorporation. Finally, the study tries to provide some guidelines for what, in our opinion, would be a correct incorporation of Community regulations.