Exploring Lived Experiences and Meanings of Restitution Obligations Among Consumers in Civil Law Contexts

Abstract

Civil law, particularly within the domain of obligations and contracts, plays a crucial role in regulating social and economic relationships by defining rights and responsibilities between parties. Yet, studies on restitution obligations remain largely doctrinal and quantitative, leaving a critical gap in understanding how consumers personally experience and interpret these obligations. Restitution in cases of contractual default is not only a legal mechanism but also a phenomenon intertwined with individuals’ emotions and social realities an aspect underexplored in existing scholarship. To address this gap, this study adopts a descriptive phenomenological approach to explore the lived experiences of consumers facing restitution obligations and to uncover the subjective meanings they assign to these legal processes. Data were collected through semi-structured, in-depth interviews with twelve participants who had undergone restitution obligations within the past three years. Thematic analysis revealed four interrelated themes: restitution as an emotional burden, a contested perception of justice, a disruption of social and financial stability, and a redefinition of personal responsibility. This methodological choice highlights the novelty of integrating phenomenology into civil law research, shifting the focus from abstract norms to lived realities. The findings contribute both theoretically and practically. Theoretically, they expand socio-legal studies by demonstrating that restitution is shaped by psychological, cultural, and social dimensions. Practically, they provide insights for refining judicial practices, strengthening consumer protection policies, and guiding reforms that are more responsive to human experience.