Obsolescenza precoce e garanzia di durabilità nella vendita di beni di consumo: note comparatistiche

Abstract

The essay analyses the legal guarantee of contracts for the sale of consumer goods under Directive (EU) 2019/771, which has expressly introduced durability as an objective requirement for conformity to achieve more sustainable consumption patterns and a circular economy in an increasingly digital-driven market. Such regulatory innovation, however, does not lengthen products' lifespans nor raise consumer protection against premature obsolescence. In anticipation of the revision of the directive by the first half of 2024, the Author underlines the main weaknesses of the legal guarantee of durability and, assisted by the use of a comparative method, suggests that only a pre-contractual information duty on product lifespan and repairability can make such a guarantee more effective and sustainable.