The direct liability of the producer to the consumer. Dieselgate (concerning the Sentence or Spanish Supreme Court 735/2020, March 11th )
Keywords:
Relativity of the effects of a contract, Moral damages, Annullability, Resolution, Breach of contract, Lack of conformity of the goods, Responsibility of the producer, Iura novit curiaAbstract
When a consumer acquires a product, and it is de-referred to in the consumer's expectations, the Law arbitrates mechanisms of protection which respond to an institutional logic, both as regards the content of the actions exercised and as regards the passive legitimation of them.
The sentence at issue in this comment addresses, and the reading of the judgments of first and second instances from which it gives rise, suggests, very interesting problems, referring, inter alia, to the procedural principle of congruence, the relativity of contracts, moral damage in contracts and the liability of the non-selling producer. All of which is conditioned by the way in which the applicant articulated and defined the actions brought, which in a way explains the results reached.
The purpose of this commentary is to analyse each of the various points on which this sentence 735/2020 deals, as well as other matters which the reading of the judgments suggested and which it is worthwhile to stop.
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