El consentimiento del consumidor

What is the role of consumer consent in a contemporary reality characterized by the growing massification and standardization of contracts? This book presents two complementary approaches that revolve around this question.

The first approach suggests the need to review the criteria with which consumer cases have been regulated and ruled, taking distance from the classic approach to contract law, given the limitations that this approach has. Instead, a rereading of consent is proposed that considers the nature of "consumer right" as a collective right, which inserts it into unavoidable market dynamics.

The second approach addresses the issue of consumer consent, recognizing that the consumer usually acts in an uninformed manner. This is the problem of the "consumer who does not read contracts." To address this problem, we start from some ideas from the economic analysis of law and the behavioral approach to law. This in order to show the little attention that even conventional legal doctrine has paid to these approaches, which has ultimately led it to recommend interventions that involve a wrong approach to "when", "why" and above all "how" to design regulation on consumer contractual protection.