Author(s) Luciana Ferreira de Melo
Advisor(s) Américo Fernando Gravato Morais
Synopsis The object of this dissertation consists in the detailed analysis of the general scheme of hiring from a distance, under the Decree-Law n.º 143/2001, still in force, in both European jurisdictions (French and Spanish) and the Directive 2011/83/UE, which will repeal the present Decree-Law, always bearing in mind the figure of the consumer as the weakest part of the contractual relationship. The study of legal regime applicable to contracts concluded at a distance becomes a fundamental factor when it comes to understanding the problems raised, allowing, therefore, the correct interpretation of the rules and the underlying interests of these, in this area which is in increasing expansion. Due to its specificity, the study of the legal regime of contracts concluded at a distance can not have another start than to justify the need to protect the consumer and also to reconstruct, historically and legislatively, the evolution of this institute in the portuguese legal system since its origin, until the present time. Consequently, we will deal with the general framework of the issue –the definition of the consumer, supplier and of contracts concluded at a distance, as well as the exclusions in this area of application. Now we will deal with the right to information by the supplier; the right of repentance which assists the consumer; the restrictions to the exercise of this right by the same; the effects of the contract pending the term law of free resolution and the effects of exercising the right to free withdrawal by the consumer in hiring from a distance. We belive that these two aspects are the cornerstone of hiring at a distance, since they tend to provide the consumer with a parity contract, which does not always happen in this form of contracts. Finally, we will refer to the execution of the contract at a distance by the supplier, as regards the moment of the execution, the unavailability of goods or services ordered and the possibility to provide another product or service, as well as a brief note on the onus of proof in contracting at a distance.
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