LOS RIESGOS EN EL CONTRATO DE COMPRAVENTA: PROPUESTAS.

Abstract

The enunciation of the rule periculum est emptoris (the thing perishes for the buyer), traditionally defended in our doctrine, has always been based, first in a «guilty conception» of the contractual liability, and secondly, in a functional independence (but not genetic independence) of the situations of the parties to the contract. Therefore, the transposition of Directive 1999/44/EC of 25 May 1999, on certain aspects of the sale of consumer goods and associated guarantees (which refuses a «guilty conception» of contractual liability for breach of contract, adopting a similar model at this point to the CISG, and rejects also the application of the traditional system of latent defects of the sales contract), leads to the question, whether the principle periculum est emptoris is refused in the purchases of consumer goods. The purpose of this paper is to treat about this issue, which are fundamental to the construction of any contractual liability regime.