From ”caveat emptor” to Right to Repair. A Long Path in Consumer Protection Still Ongoing

The paper traces the evolution of buyer protection against product defects in ancient Roman law before making a direct comparison with contemporary law. Initially governed by the principle of caveat emptor, Roman law introduced ancillary stipulations and, subsequently, aedilician actions (redhibitoria and quanti minoris), thereby extending seller liability beyond cases of malicious intent. Justinian’s reforms then extended these remedies to all sales. Regarding
EU consumer law, the analysis focuses on the «lack of conformity» provisions of EC Directive 44/1999 and its two-track remedy system. It also considers Directives 2019/770 and 2019/771, which aim for «maximum harmonisation» and the emerging «Right to Repair», which aim to reduce premature disposal by requiring manufacturers to provide spare parts and extending seller liability for repaired goods.