 La crisis del contrato y la fragmentación de la nulidad en la evolución del ordenamiento europeo, in Revista Cubana de Derecho

Since the italian civil code of 1942, the general discipline of
contractual invalidity has evolved greatly, mainly due to the
changes brought about by the overcoming European
legislation. Especially in the consumer matter, many new
features have been introduced that fragment the traditional
contractual discipline and its unitary legal categories, among
them, nullity. The special nullities are affirmed, the one whose
most well-known figure is the nullity of consumer protection,
with its open problems of reconstruction of the regime,
between civil, consumption and trade acts.
To guarantee the effectiveness of the rights of weak
contractors in the consumer field, but, it is not enough to evolve a special type of nullity, but also a deeper revision of
the system of judicial and extrajudicial protections is
necessary. On the one hand, to the traditional individual
remedies linked to the invalidity and responsibility, new
preventive and collective judicial remedies have been added.
On the other hand, it affirms the tendency to dejurisdictionalize
protections, with the introduction of new
administrative, negotiating and contractual rime. With the right
retraction, the mediation, the ADR and ODR for consumers,
the search for the effectiveness of the new protections is
combined with the possibility of choosing among a wide range
of quality solutions.