Advertising regulation in the new consumer statute. Implications from the contract theory standpoint

Abstract

In the contemporary mass hiring, the rapprochement between producers and/or suppliers of goods and services and the consumers is achieved mainly through advertising. This advertising has information elements aimed at the audience that intend to modify their consumption decisions, that is why the inclusion of “subjective compliments by the advertiser” is allowed. Two questions arise from this situation: does what is said in the advertisements bind the advertiser? And in the case the advertisements are actually misleading, what juridical consequences branch out from that? The answers to these two questions vary according to the nature of the juridical relation existing between the parties, which can be civil, commercial or of consumption.