Ronchese, Francesca (2008) Inadempimento del fornitore del credito al consumo e rimedi relativi al rapporto di finanziamento. [Tesi di dottorato]
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This research involves consumer credit contract with the support of a third party, the financer, where the goods or services have been specifically indicated in respect of the loan of money.
The consumer credit provisions rise few issues, among which, in the above-mentioned case, the remedies concerning the legal measures the consumer might take against the financer in case of total or partial breach of the supplier contract. This matter has been analyzed in the present work.
The introduction is particularly detailed, both in order to identify the cases the consumer credit law applies to, and to focus one of the most relevant issues, under a theoric and a practical point of view. Actually, the more remedies the consumer has against to the financer, the more protection he can obtain.
The first chapter involves the art. 42 cod. cons. related to the legal protection of the consumer in the cited case.
By examining art. 42 cod. cons. it has been inferred the uncertainty of its field of application, and consequently the protection the consumer can expect, due to the fact that one of the conditions required could never exist.
In spite of that, it has been tried to make an hypothesis in order to apply the provisions, that is a "right of action" recognised to the consumer against to the financer.
Further, it has been analysed the lack of conditions required by art. 42 cod. cons., in order to find other remedies for the consumer.
It is highlighted an important distinction: in presence of the requirements of art. 42 there is a legal relationship between contracts; in the other cases it is necessary to ascertain if there is a voluntary contract connection.
It has been analysed, also according to the case law, the contract clauses that refrain consumer from acting against the financer in case of breach of supplier contract.
Due to the importance of the connection contract theory as set out in the first chapter, the second chapter deeps further that matter, specifically regarding the above mentioned issues, and which leads to the conclusions proposed.
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