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Legal Literature

Legal Literature Details
Member State Spain
Title The lack of conformity as a cause for termination of the sales contract of consumer goods.
Subtitle
Type article
URL
Author CASADO MELGAR, M.
Reference Diario La Ley, Nº 8472, Sección Doctrina, 3 de Febrero de 2015, Ref. D-42, Editorial LA LEY
Publication Year 2015
Keywords conformity with the contract, consumer rights, guarantee
PDF

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.

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