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The Harmonization of European and Latin American Consumer Law
Date du début: 1 sept. 2016, Date de fin: 31 août 2019 PROJET  TERMINÉ 

The proposed project is aimed at developing the scientific debate on the harmonization of Consumer law in Europe and Latin America. The two areas have many points of comparison, sharing the same effort to overcome the particularism of national laws, in order to establish a supranational legal integration. The Latin American experience may offer European lawyers several outstanding scientific contributions, deriving not only from the specific attention many Latin American countries dedicated to consumer protection such as Brazil, that in 1990 adopted a specific and well-advanced Consumer Code, but also from the work in this sense currently ongoing in Mercosur.On the other hand, the European model may offer Latin American jurists a fundamental example not only to think/rethink supranational rules (concerning the regulation of unfair terms, distance selling rules, torts liability and so on), but also to develop forms of supranational justice for consumers: this aspects appears to be particularly crucial, since so far the harmonization process of national Consumer law in Mercosur apparently resulted in a failure, for the lack of a suitable judicial institution who could pass sentences with direct and binding application in the States , as it happens with the EU Court of Justice. Special attention in the project will be given to analyze the circulation of ideas, principles, rules and legal norms concerning the harmonization of Consumers law in European and Latin American national laws, in EU norms and in drafts of Latin American supranational legislation, as well as to reconstruct the migration of specific rules on the subject in constitutional and in ordinary law making, in the reform of existing civil codes and in the recent promulgation of new ones (such as the new civil codes of Romania/2011, the Czech Republic/2014, Argentina/2015).

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