The Europeanisation of Contract Law and the Role of Comparative Law: The Case of the Directive on Consumer Rights

Authors: Cristina Amato


This paper shall concentrate on the revision attempts of the consumer acquis which are still on the European Institutions’ agenda, making an effort to highlight the final goals that these attempts aim at, as well as the quality of their (prospective) rules. In particular, the Directive on Consumer Rights has redrafted and amended four directives on consumer contracts: the present paper focuses on the main contents of the Directive, with the intent of checking whether its goals and contents achieved a sustainable level of quality and harmonisation in the light of a comparative approach. The results of this enquiry are twofold: a correct use of the comparative method not only would have avoided questionable choices, but it would also have achieved a better level of harmonization without irritating MSs.