ASPECTOS DE DERECHO INTERNACIONAL PRIVADO EN EL TEXTO REFUNDIDO DE LA LEY GENERAL DE DEFENSA DE LOS CONSUMIDORES Y USUARIOS (REAL DECRETO LEGISLATIVO 1/2007): NUEVOS MODELOS DE ANÁLISIS.

Abstract

Regulation (EC) No 593/2008 of the European Parliament and Council of 17 June 2008 on the law applicable to contractual obligations -(Rome I)-, DOUE L 177, 4 July 2008, regulates in article 6 the law applicable to international consumer contracts. However, it isn't the only rule of private international law governing the European Union this problem. There are several Directives on consumers that determine its scope in space. To wit: Council Directive 93/13 EC of 5 April 1993 on unfair terms in consumer contracts, Council Directive 97/7 EC of 20 May 1997 on the protection of consumers in respect of distance contracts and Directive 99/ 44/EC of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees. These Directives can be transposed differently from country to country with a clear logic legeforista. In Spain the transposition of these Directives set out in article 67 of Royal Legislative Decree 1/ 2007 of 16 November 2007 [revised text of the General Law on Protection of Consumers and Users and other complementary laws (TR-LGDCU)]. This paper tries to solve one of the most serious problems that exist in the regulation of consumer contracts: coordination in the implementation of community rules of private law existing on consumers. So on the one hand, the legal operator meets Rome I Regulation and, secondly, the EU Directives on consumer and the laws transposing the Directives, such as TR-LGDCU. Finally, a situation where conflict-of-law rules are dispersed among several instruments and where there are differences between those rules should be avoided.