La protección del consumidor en el contrato de compraventa de vivienda en construcción

Abstract

OBJECTIVES: A critical analysis of the protection provided to the consumer during the purchase of property. This thesis studies the legislative and case-law configuration of the figure of the consumer and the public, within the field of consumer rights, focusing on the special attention afforded by legislators on property acquisition contracts. Once the scope of action has been defined, the various issues that can arise during the development of the contract will be analysed, without forgetting the consequences of breaches of contract, where the study takes on a more dynamic dimension. Additionally, an analysis of the different efforts that are made to protect the consumer will be carried out, concentrating on the coordination of said efforts. And finally, the varied alternative systems to the jurisdictional channels for solving possible conflicts that could potentially arise between the intervening parties will be examined. METHODOLOGY: Analysis of the current legislation (regional, state, and autonomous community, focusing particularly on the regions of Murcia and Alicante), viewed from an historical perspective and through comparison with neighbouring countries. Furthermore, the diverse doctrinal tendencies that the principal topics have analysed will be presented, as well as the court rulings that have solved the practical problems that the objective of this thesis presents. RESULTS: 16 conclusions will be reached, which analyse specific aspects, where the author will present the conclusions to the critical reflections make throughout the study. In this regard, the idea that the level of legislative protection is rather high comes to the forefront, although it is somewhat lacking due to the difficulty in coordinating the regulatory framework and due to the traditional tendency of the courts to solve the problems stemming from consumer relations basing themselves entirely on the Civil Code. Similarly, a more active posture needs to be adopted on the part of the notaries and registrars with regard to the defense of consumer rights. The application of TRLGDCU to small business owners who ACT on the fringes of their corporate or professional activity is emphasized, and the different responses that the legislator offers are ananlysed, depending on whether TRLGDCU or LDGC is applied. Moreover, the specific aspects of certain situations, consequence of the lack of coordination between real estate records and record of deeds, are studied. The importance of the date of completion of building works is confirmed, as is the obligation to guarantee the installments paid, making evident the overcoming of the traditional precedence criteria. The varying common clauses in real estate contracts will be analysed with respect to their compatibility with consumer regulations as well as the consequences of their inclusion in the contracts. The use of alternatives to the judicial channels for the resolution of conflicts arising between the consumer-buyer and the seller-corporation is upheld. In this way, a significant compromise on the part of the public powers that be is considered necessary, to promote these alternative systems as ideal instruments for the defense of the interests of the consumer.