Abstract

RODRIGUEZ OLMOS, Javier M.. Interpretation of Consumer Contracts: Fundamental Elements for the Contextualization of the Issue (Part I). Rev. Derecho Privado [online]. 2013, n.24, pp.151-188. ISSN 0123-4366.

The following paper aims to describe the context in which consumer contractual freedom of choice intends to be ensured. There exist various levels in which legal experiences have implemented measures, seeking to offset the problems arising from the functioning of the market, as well as from the new contracting techniques, that seriously undermine contractual freedom. Functioning competition as precondition for consumer self-determination; various mechanisms, e.g., information duties, neoformalism, withdrawal rights and intervention against unfair contract terms, are all factors involved in the task of avoiding consumer to be bound to a contract not taking in account any of his expectations. These factors are then analyzed within the debate regarding the interaction between general contract law and consumer law, by offering elements to outline the change of perspective driven by this interaction, in order to conclude with an analysis about the materialization of contract law, to which consumer law has contributed. This contextualization is deemed necessary as framework to understand the particular character of the interpretation of consumer contracts, issue to be developed in a future paper.

Keywords : Consumer contracts; consumer self-determination; information duties; neoformalism; withdrawal rights; unfair contract terms; Consumer Protection Act (Colombia); materialization of contract law.

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