A Revision of the Classical Concept of Contract. An Approach to the Consumption Contract

Abstract

The insufficiency of the classic concept of contract must be put into light and recognize the complex legal relationships in which the consumer is involved nowadays in order to develop a concept of contract that understands free will as a necessary, but not sufficient element, to the creation of particular and concrete legal norms. Professor Duque Pérez claims that to the agreement of wills, as necessary condition, must be added, as sufficient condition, the adequate fulfillment of the needs. The author states that both conditions must be present in order to lawfully create a contract and consequently to create particular and concrete norms which formal source will be it. In this way, through a new concept of contract, judges are granted with precise instruments that allow them to control the content of those contracts containing deliberate abusive clauses addressed to “consumers”.