The meaning of the actio quanti minoris in the contract law of the 21st century. the remedy of price reduction in the law 23/2003 on warranties for consumer goods

Abstract

The Act on Sale of Consumer Goods (Ley 23/2003 de Garantías en la Venta de Bienes de Consumo) which incorporated into Spanish Law the Directive 44/1999 on certain aspects of the sale of consumer goods and associated guarantees brought into Spanish Law certain anglo-saxon principles related to the remedies of contract infringement. In this setting we find an institution, the action “quanti minoris”, which paradoxically, has a Roman law origin. However, the new quanti minoris is designed in a manner quite different from the way it is regulated in the Codes of roman law tradition..