Rimedi e contratti del consumatore nella prospettiva del diritto privato europeo

Remedies and consumer contracts from the perspective of European private law The need to achieve “greater market efficiency and functionality” has led to the adoption of a strategy consisting of the provision of rules intended to have an impact both on the content of contracts and on the remedies offered. The conceptual category of remedies which has been adopted by the European legislator is the result of a deliberate political and legislative choice, in which the relationship between the market and the law is the leitmotif, or, in other words, the reason behind the entire Community framework for the protection of the consumer. European contract law is, in this sense, highly innovative, since its primary objective is to ensure the satisfaction and fulfilment of interests, regardless of their nature; from this comes the need for a remedial strategy which combines both the particular interest and the means of safeguarding it, and which is also able to permit its reali- zation or reinstatement.