The paper aims to offer a new reading of the hierarchy of remedies of the new art. 135-bis cod. cons. and Directive 771/2019, from a sustainable perspective. The Directive itself and European Union Law enhance the importance of sustainable consumption, but the rules that the same Directive and the Italian consumer code establish do not seem consis- tent with this purpose. As long as consumers are fundamentally free to choose between repair and replacement the sustainability goals are frustrated, repair being the more environmentally-friendly remedy. Attempting to resolve this contradiction, the paper tries to identify a new existing rule: if both repair and replacement ensure an adequate protection of the consumer’s interest, she/he is bounded to prefer the more sustainable remedy

Difetto di conformità, gerarchia dei rimedi e sostenibilità ambientale nel nuovo art. 135-bis cod. cons. e nella Dir. 771/2019

Donato Maria Matera
In corso di stampa

Abstract

The paper aims to offer a new reading of the hierarchy of remedies of the new art. 135-bis cod. cons. and Directive 771/2019, from a sustainable perspective. The Directive itself and European Union Law enhance the importance of sustainable consumption, but the rules that the same Directive and the Italian consumer code establish do not seem consis- tent with this purpose. As long as consumers are fundamentally free to choose between repair and replacement the sustainability goals are frustrated, repair being the more environmentally-friendly remedy. Attempting to resolve this contradiction, the paper tries to identify a new existing rule: if both repair and replacement ensure an adequate protection of the consumer’s interest, she/he is bounded to prefer the more sustainable remedy
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/20.500.12572/8684
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