 La crisis del contrato y la fragmentación de la nulidad en la evolución del ordenamiento europeo, in Revista Cubana de Derecho

Since the italian civil code of 1942, the general discipline of contractual invalidity has evolved greatly, mainly due to the changes brought about by the overcoming European legislation. Especially in the consumer matter, many new features have been introduced that fragment the traditional contractual discipline and its unitary legal categories, among them, nullity. The special nullities are affirmed, the one whose most well-known figure is the nullity of consumer protection, with its open problems of reconstruction of the regime, between civil, consumption and trade acts. To guarantee the effectiveness of the rights of weak contractors in the consumer field, but, it is not enough to evolve a special type of nullity, but also a deeper revision of the system of judicial and extrajudicial protections is necessary. On the one hand, to the traditional individual remedies linked to the invalidity and responsibility, new preventive and collective judicial remedies have been added. On the other hand, it affirms the tendency to dejurisdictionalize protections, with the introduction of new administrative, negotiating and contractual rime. With the right retraction, the mediation, the ADR and ODR for consumers, the search for the effectiveness of the new protections is combined with the possibility of choosing among a wide range of quality solutions.