Il regime degli acquisti on line del minore quale consumatore “debole”

Di Emanuela Andreola -

It does not seem to be possible to take the online purchase, undertaken by the minor and attributable to the latter, from the traditional contract rules on the formation of consent.

The way the technological instrument is used becomes relevant from the point of view of the determination of the negotiating behaviour and, thus, of the choice of judicial remedies actually available. With regard to these, it is possible to determine spheres of responsibilities upon the capable negotiating party and on the minor himself, regardless the invalidity of the contract. In case the conditions are met, the parent, as legal representative, could thus have to fulfil the contractual bond of the represented as well as be held liable for the damages caused by the latter due to a fraudulent behaviour or due to the holding back of his minority.