The sale of consumer goods: a study on the basis of Directive 2019/771 of 20 May 2019

The purpose of this doctoral thesis is to analyse the Spanish transposition of EU Directive 2019/771 of 20 May, on certain aspects of contracts for the sale of goods, which repeals Directive 1999/44/EC and amends EC Regulation No. 2017/2394 and Directive 2009/22/EC. To this end, it reviews the system of guarantees and after-sales services applicable to the sale of consumer goods, as well as the regulatory differences with other countries in our environment. Although this was a maximum Directive, some aspects have not been fully harmonised and, for example, there are considerable differences in States such as Italy, and even in other territories such as Catalonia, which, for some time now, has been following the path of building its own civil law. Likewise, the work makes an effort to include the different pronouncements of the Spanish Supreme Court and the Court of Justice of the European Union on the subject in recent decades, in order to bring together the entire legal acquis that has served to date to interpret this legislation. It also attempts to carry out a doctrinal delimitation of the seller's non-compliance regime in the sale of consumer goods, with the aim of studying in depth the assumptions of his liability and the remedies available to the buyer in the event of non-compliance with the obligations of the seller which, ultimately, would result in the delivery of the consumer good and that the consumer good once delivered is in conformity, in accordance with the parameters of conformity set out in consumer protection legislation. Finally, the fourth chapter ends with the different doctrinal and legislative proposals that have been put forward to improve the system of guarantees and after-sales services from the perspective of a sustainable economy in accordance with the agenda set by the European Union.