Consumer Contract: A New General Concept or a Variety of Civil Contract?

Abstract: The consumer contract concluded between a professional and a consumer is a recent tool of private law. Given its novel institutions, such as precontractual obligations, unilateral rescind or presumed abusive clauses, the consumer contract is of a controversial legal nature. Thus, questions arise, such as: Is it subject to the general contracting rules stated by the Civil Code (the common law in this matter), or are we witnessing a new general contractual theory? Since consumer law is multidisciplinary in nature, another question arises: Is the consumer contract truly a “contract” in the meaning intended by the Napoleonic Civil Code of 1804? For these reasons, we believe a succinct analysis of the relationship between the consumer contract and civil law is welcomed. Keywords: Consumer Contract, Precontractual Obligations, Unilateral Rescind, Presumed Abusive Clauses, Contract Crisis