The right of withdrawal for distance and off-premises contracts | 2015

Author(s) Flávia Carina Vilas Boas Duarte
Advisor(s) Américo Fernando Gravato Morais
Year 2015

Synopsis The object of this work is to study the right of withdrawal in the context of distance contracts and contracts off-premises. Until the entry into force of Decree-Law number 24/2014 of 14 February 2014, which transposed into national law the maximum harmonization Directive number 2011/83/EU, this subject was regulated by Decree-Law number 143/2001 of 26 April, which had transposed the Directive 97/7/EC. We will start by analyzing the concepts of distance and off-premises contracts, also addressing the concepts of consumer and supplier. We will examine, also, the contracts excluded from the Decree-Law number 24/2014 regime, in order to define the scope of it. The second chapter of this dissertation will focus on the notion of right of withdrawal, and the absence of consensus on legislation and doctrine of a single terminology for the same, doing a brief review of it in the Portuguese legal system. We will be making reference to the regulation of the right of withdrawal in the European legal systems, in particular, the Spanish, French and Italian, demonstrating that as in Portugal, there is no unanimity in the nomenclature given to the figure. After this analysis, we will focus on the legal framework of the right of withdrawal, examining consumer’s right to pre-contractual information provided by a professional, the exercise of right of withdrawal, the restrictions imposed on the exercise of this right, passing by the effects of the contract pending the withdrawal period and the effects of this right and its repercussion in ancillary contracts. The right of withdrawal along with the professional duty to provide precontractual information, are means of consumer protection. We ended our study analyzing the legal qualification of the right of withdrawal, addressing the various figures adopted by the doctrine and legislation, such as resolution, retraction and termination, concluding that we are facing a revocation.

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2018-07-10T14:06:06+00:00