Legal Literature

Consumer Sales and Guarantees Directive, Article 3, 2.

This is a study on the Spanish regime of lack of conformity of a consumer good with the contract. It offers an opinion on when a lack of conformity may be considered as essential, thus allowing the consumer to terminate the contract. To that end, the author analyses the particular regime on after-sales guarantee provided for in the Spanish Consumer Protection Act (Royal Legislative Decree 1/2007) as well as a number of rulings issued by Provincial Courts of Justice, since there was no case law by the Supreme Court at the time.