THE LACK OF CONFORMITY BETWEEN THE GOOD AND THE CONTRACT AND THE CONSUMER GUARANTEES - ANALYSIS OF THE RECENT DECREE-LAW 84/2021 OF OCTOBER 18TH

Abstract

This article addresses the special regime applicable to consumer relations regarding the purchase and sale of goods, digital contents, and services. It focuses on the particularities of the special regime for the sale of defective things (lack of conformity of the good with the contract) in consumption relations. To this end, consideration should be given to the provision given by the recent Decree-Law No 84/2021 of 18 October, which transposes Directives (EU) 2019/771 and (EU) 2019/770. It seeks to frame the fundamental concepts inherent to this regime by analyzing the protection conferred to the consumer in case of non-conformity between the good and the contract. It also analyses the regime applicable to the purchase and sale of immovable property and the provision of digital contents and services. Through a legal, doctrinal, and jurisprudential analysis, it seeks to elucidate the scientifi c community, as well as society in general, about the most relevant aspects held in the new law of guarantees under analysis.