Private autonomy and the Eu equalization paradigm: death of the ‘weak party action apotheosis of negotiation information.

Author/s Luca Nivarra
Publishing Year 2023 Issue 2023/3 Language Italian
Pages 20 P. 35-54 File size 200 KB
DOI 10.3280/DC2023-003003
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The European law contract is an instrument for implementing the “highly competitive social market economy” (art. 3 T.E.U.). Its regulation aims to clean up the market of po-sition rents linked to structural imbalances of power (“asymmetries”. The original form of asymmetry is the information one which is found in directive 93/13 regarding unfair clauses and in the articles. 33 ff. code cons. on the subject of unfair terms, the response inspired by consumer protection. The fight against asymmetry is at the origin of other legislative interventions of European origin, even if in these cases it presents itself in a different guise from information asymmetry.

Keywords: Consumer protection, Promotion of competition, European regulation of the contract, imbalance of bargaining Power nullity of protection and nullity of common law.

Luca Nivarra, L’autonomia dei privati e il paradigma perequativo dell’Unione: morte del ‘contraente debole’ e apoteosi dell’informazione negoziale in "DIRITTO COSTITUZIONALE" 3/2023, pp 35-54, DOI: 10.3280/DC2023-003003