The Italian Implementation of the Sale of Goods Directive: Another Nail in the Coffin of a General Sales Law?

This paper highlights the three most significant changes to the Italian Consumer Code following the implementation of the Sale of Goods Directive and contrasts them with the rules applicable to sales contracts under the Italian Civil Code. The core thesis is that the combined effect of these modifications further distances consumer law from the general law of obligations. As a result, the trend towards the fragmentation of Italian sales law, based on the status of the contracting parties, is consolidated. By assessing the advantages and disadvantages of this fragmentation and relying on the concept of “coherence”, defined as consistency in the application of principles and policies, the paper further concludes that the current state of affairs is both unjustifiable and undesirable. Consequently, a modernisation of domestic law of obligations – aimed at reconciling these divergent sources – is overdue.