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The Analysis of the Recent Improvement on Consumers Protection Level

Anna Rita Freda

European Institutions took on the task of harmonizing the national laws to achieve a minimum level of European Private Law construction, to be functional to the internal market implementation.This study aims to go into the simultaneous presence of two instruments for Contractual Law harmonization (mainly referred to consumption contracts) and evaluate any impact on national systems and the effectiveness of the results, taking into account the recent improvement on Consumers protection level and the attention paid to the small and medium enterprise.The first instrument is Directive 2011/83UE on Consumer Rights, the second one is the Proposal for Regulation of a Common European Sales Law COM(2011) 635 def.Considering the different legal effectiveness of the two instruments, the paper means to examine: a) the legal basis of intervention through the Regulation, in relation to what indicated by TFEU articles 114 and 352; b) the combined methods of action of the two instruments, one (law deriving from the Directive) being a transposition law of each member country, the other one (the Regulation) as a uniform instrument, but optional; c) the combined methods of action of the two instruments in relation to the Vienna Convention on Sales of Goods (GISG 1980).



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