6533b827fe1ef96bd1285a0b

RESEARCH PRODUCT

The Mandatory Nature of the Right of Withdrawal

Raquel Guillén CatalánCarmen Azcárraga Monzonís

subject

Order (business)BusinessLaw and economics

description

One of the main features of the CESL—unlike other international instruments—concerns its optional nature, i.e. the parties must agree upon its application in order for this instrument to govern the particular contract. However, once the parties have agreed upon its application, certain aspects of this instrument have a mandatory nature where the relevant contract is concluded between a consumer and a trader, one of these being the right of withdrawal. The aim of this chapter is to consider the regulation of this right of consumers in the Proposal on a CESL and in certain other instruments devoted to the harmonisation of contractual obligations in Europe.

https://doi.org/10.1007/978-3-319-10497-3_4