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- Title
RETRAGEREA CONSUMATORULUI DIN CONTRACT, ÎN CONDIŢIILE O.U.G. NR. 34/2014, MODIFICATĂ ŞI COMPLETATĂ PRIN O.U.G. NR. 58/2022 .
- Authors
SPASICI, Camelia
- Abstract
In its provisions, art. 82 of the Consumption Code expressly stipulates "the right of the consumer to unilaterally terminate the contract" (s.n.). In the same context, however, the doctrine enshrined the 'consumer's right of withdrawal', with direct reference to the progressive formation of consent in the contract. Since, from a legal point of view, the situations are different, the question arises: is the consumer's right of withdrawal specific to the formation of the contract or its performance? Through the new regulations, the consumer's right of withdrawal (on given consent) has been recognized, both doctrinally and legislatively. Amendments and additions brought by O.U.G. nr. However, Regulation (EC) No 58/2022 also concerns other important aspects such as: exercise, time limits, effects, obligations and exemptions of the right of withdrawal. The paper is structured in four sections: "The legal nature of the consumer's withdrawal from the contract", "The consumer's right of withdrawal. Rules, exercise and effects under the conditions of O.U.G. nr. 58/2022", "Obligations of the professional and the consumer in case of withdrawal" and "Exemptions from the consumer's right of withdrawal".
- Subjects
CONSUMERS; DISCHARGE of contracts; CONTRACTS
- Publication
Universul Juridic, 2023, Issue 2, p21
- ISSN
2393-3445
- Publication type
Article