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

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 o...

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Main Author: Olesea PLOTNIC
Format: Article
Language:English
Published: CSEI; ASEM 2020-12-01
Series:Eastern European Journal of Regional Studies
Subjects:
Online Access:https://csei.ase.md/journal/files/issue_62/EEJRS_Issue_62_48-61_PLO.pdf
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spelling doaj-0b071f9cd2404e8db07b857972d3ddcb2021-01-08T12:21:13ZengCSEI; ASEMEastern European Journal of Regional Studies2537-61791857-436X2020-12-01624861The Theory of Consent Vices in Terms of the Rules of Consumer Law through European LegislationOlesea PLOTNICThe 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.https://csei.ase.md/journal/files/issue_62/EEJRS_Issue_62_48-61_PLO.pdfconsummerconsent vicesrulesbalancecontractunfair terms
collection DOAJ
language English
format Article
sources DOAJ
author Olesea PLOTNIC
spellingShingle Olesea PLOTNIC
The Theory of Consent Vices in Terms of the Rules of Consumer Law through European Legislation
Eastern European Journal of Regional Studies
consummer
consent vices
rules
balance
contract
unfair terms
author_facet Olesea PLOTNIC
author_sort Olesea PLOTNIC
title The Theory of Consent Vices in Terms of the Rules of Consumer Law through European Legislation
title_short The Theory of Consent Vices in Terms of the Rules of Consumer Law through European Legislation
title_full The Theory of Consent Vices in Terms of the Rules of Consumer Law through European Legislation
title_fullStr The Theory of Consent Vices in Terms of the Rules of Consumer Law through European Legislation
title_full_unstemmed The Theory of Consent Vices in Terms of the Rules of Consumer Law through European Legislation
title_sort theory of consent vices in terms of the rules of consumer law through european legislation
publisher CSEI; ASEM
series Eastern European Journal of Regional Studies
issn 2537-6179
1857-436X
publishDate 2020-12-01
description 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.
topic consummer
consent vices
rules
balance
contract
unfair terms
url https://csei.ase.md/journal/files/issue_62/EEJRS_Issue_62_48-61_PLO.pdf
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