L’IRRINUNCIABILITÀ DEI DIRITTI CONFERITI AL CONSUMATORE DALLE DIRETTIVE UE E IL SISTEMA DELLE INVALIDITÀ NEGOZIALI EUROPEE

The aim of this work is the in-depth examination of the European prohibition of waiver of the rights conferred on the consumer by the EU directives pertaining b2c “in distance” and “off-premises” contracts, as well as by the directives concerning the credit agreements for consumers, the timesharing on immovable properties directive and by the new directive on consumer rights. The issues, with them this thesis deals with, concern the identification of the subjective legal situations protected, the definition of the concrete scope of the concept of the waiver and the clarification of the consequences destined to occur when the consumer waives the rights conferred on him by the Directives. Each question will be analyzed and investigated in the light of the European legislation and of the Court of Justice interpretation of it; moreover will be identified the distinctive elements that characterize the precepts of the prohibition of waiver in the European national experiences in Europe, among which the Italian one will be object of particular attention. Finally, it will be tried to outline a reconstruction of the precept of the prohibition of waiver, capable of being an interpretative proposal suitable to find acceptance in the different Member States, in order to promote, respect and pursue the purpose of full harmonization, which is aimed by most of the analyzed European directives.