Abstract [eng] |
This dissertation examines the regulation of legal and commercial guarantees of the quality of goods arising from consumer sales contracts, as established in Directive 2019/771 on certain aspects concerning contracts for the sale of goods, which replaced the Guarantees Directive 1999/44/EC. It analyzes whether the rules governing legal and commercial guarantees (given their theoretical nature and practical application) are compatible with sustainability. Taking into consideration, among other things, the European Union’s ‘green agenda’, the dissertation analyzes the role assigned to consumers and to legal and commercial guarantees of the quality of goods within the EU green transition; how the regulation of guarantees under Directive 2019/771 aligns with sustainability in consumer relations; and, based on the fundamental features of consumer and contract law, which underpin the dual nature of legal and commercial guarantees, reveals the theoretical reasons related to the origin of these guarantees that challenge their compatibility with sustainability. |