Legal Literature

  • Legal Literature Details
    • Member State: Italy
    • Title: Consumer court and clauses of predetermination of ADR organism: the news deriving from legislative decree 6 August 2015, No. 130, and the occasion for rethinking the relationship between alternative dispute resolution mechanisms, on one side, and justice, public or private, on the onther side.
    • Subtitle:
    • Type: article
    • URL:
    • Author: RECINTO G.
    • Reference: Le Nuove Leggi Civili Commentate, n. 1, 2016, pp. 118-128
    • Publication Year: 2016
    • Keywords: consumer, injunction, qualified entity
    • PDF:
  • Directive Articles
    Injunctions Directive, Article 2, 1. Injunctions Directive, Article 3
  • Headnote
    The article describes the implementation of the legislative decree of 6 August 2015, No. 130 regarding alternative dispute resolution organisms.
    The first part gives an overview of the doctrinal positions in relation to the application of art. 32, paragraph 2 of the consumer code to the clauses on the ADR organism in disputes between consumers and operators. The second part explores the risks arising from interpretations excessively formalistic, as well as the tendency to mix conciliatory and adjudicatory models.
  • General Note
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