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The Theory of Consent Vices in Terms of the Rules of Consumer Law through European Legislation

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  • Olesea PLOTNIC

Abstract

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.

Suggested Citation

  • Olesea PLOTNIC, 2020. "The Theory of Consent Vices in Terms of the Rules of Consumer Law through European Legislation," Eastern European Journal for Regional Studies (EEJRS), Center for Studies in European Integration (CSEI), Academy of Economic Studies of Moldova (ASEM), vol. 6(2), pages 48-61, December.
    • Handle: RePEc:aem:journl:v:6:y:2020:i:2:p:48-61
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    More about this item

    Keywords

    consummer; consent vices; rules; balance; contract; unfair terms.;
    All these keywords.

    JEL classification:

    • P37 - Political Economy and Comparative Economic Systems - - Socialist Institutions and Their Transitions - - - Legal
    • P48 - Political Economy and Comparative Economic Systems - - Other Economic Systems - - - Legal Institutions; Property Rights; Natural Resources; Energy; Environment; Regional Studies
    • L84 - Industrial Organization - - Industry Studies: Services - - - Personal, Professional, and Business Services

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