The right of withdrawal under the Consumer Rights Directive as a tool to protect consumers concluding a distance contract
| Autor: | Reinhard Steennot |
|---|---|
| Rok vydání: | 2013 |
| Předmět: |
Directive 2011/83/EU
Value (ethics) Consumer Rights Directive 2011 Computer Networks and Communications Distance Selling Directive 1997 Distance contracts Harmonization Consumer protection Directive General Business Management and Accounting Directive 97/7/EC Consumer Bill of Rights Order (business) Law Directive on Privacy and Electronic Communications Business Law and Political Science Legislator Law and economics |
| Zdroj: | COMPUTER LAW & SECURITY REVIEW |
| ISSN: | 0267-3649 |
| DOI: | 10.1016/j.clsr.2013.01.005 |
| Popis: | Since 1997, the European legislator has aimed to protect consumers concluding a distance contract amongst others by entitling them to withdraw from the contract. First, this paper analyses the right of withdrawal as it is incorporated in the 2011 Consumer Rights Directive (CRD). This paper illustrates that, compared to the 1997 Distance Selling Directive, the CRD, contains more detailed rules, offering some useful clarifications. Further, this paper shows that the CRD slightly increases consumer protection, for example by determining that the mere beginning of performance under a services contract does not lead to the loss of the right to withdraw from the contract. However, consumers are also at risk where, without any explicit warning, they are held liable for the diminished value of the goods used during the withdrawal period. In a second part of the article, it is argued that the full harmonization approach should have been limited to the technical aspects of the withdrawal right, in order to avoid a reduction of consumer protection in some Member States. Finally, this paper shows that the CRD not always sufficiently takes into account the objectives pursued with the right of withdrawal as a tool to protect consumers concluding a distance contract. |
| Databáze: | OpenAIRE |
| Externí odkaz: |
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