Sanna, Maria Grazia (2013) Analisi del neoformalismo negoziale nei contratti tra consumatori e banche. Doctoral Thesis.
The work carried out starting from the study of the evolution of instruments for the protection of consumers in banking contracts and consumer credit, focuses on the phenomenon of neo-formalism in the contracts. The study followed a cross-method, starting from the subject, the consumer, by analyzing the rules that protect them in the relationships with banks, we have tried to highlight all the precepts which impose new formal obligations and therefore that mark the so-called neo-formalism to assess the real effect of the contractual relationship. After a brief mention of the regulations on consumers and its impact in the banking and credit, the study focused on the analysis of EU directives in the field and on the phenomenon of consumer credit for finally examine the phenomenon of neo-formalism or informative formalism, ie the emergence of new formal constraints, which are used in contexts in which the goals are not met, or the traditional assumptions, the written form to procedural. Are therefore highlighted the strengths and weaknesses of noe-formalism in contracts between banks and consumers. Starting from the concept of transparency through the concept of disclosure, to define the boundaries of the phenomenon of form intended as a means of protection against the contractor considered weaker.
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