Broadening of interpretation criteria in the contracts with consumers and users

Abstract

Taking as starting point the impact of recent European reforms in the Law of Contracts, in this study we invoke some concepts and principles that will be innovative in its root, although can endorse new perspectives in the application and interpretation of rules and principles of our traditional rules of private law. Such interest is more notable today considering the current process of reform and transformation of European Contract Law and European Private Law, with full reflection on this subject in the current reform proposals of both our Civil Code (2009) and the Code of Commerce (2013). It is also taken into account the legal catharsis that some European case law of the ECJ, at least on certain issues that used to be not controversial or at least so it seemed, such as those relating to the terms and abusive practices within contracting with consumers and users.