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Legal Literature

Legal Literature Details
Member State Slovakia
Title Mortgage loan provided in the form of doorstep selling and its legal consequences
Type article
Author HORNIAKOVÁ, A., Bc. Mgr.
Reference Bc. Mgr. Andrea Horniaková, Justičná revue, 63, 2011, No. 5, p. 809 - 814
Publication Year 2011
Keywords case law, consumer rights, doorstep selling

Doorstep Selling Directive, Article 1, 1. Doorstep Selling Directive, Article 2 Doorstep Selling Directive, Article 3, 2., (a) Doorstep Selling Directive, Article 4 Doorstep Selling Directive, Article 5, 1. Doorstep Selling Directive, Article 7 Doorstep Selling Directive, Article 8

This article discusses consumer protection in doorstep selling as well as the protection of consumers while concluding a contract between the seller and consumer outside of the business premises of the seller. The article analyses the above-mentioned aspects of consumer protection in light of the decision of the Court of Justice of the European Union in the matter, Case No. C-229/04 as well as on the basis of the Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (OJ L 372, 31.12.1985) (the "Directive").

The first part of the article analyses various consumer rights stipulated in the Directive. Further the author describes the Case No. C-229/04 of the Court of Justice of the European Union (Crailsheimer Volksbank eG vs Klaus Conrads and others) in detail as well as summarizes the findings of the decision in light of the previous case law and the preliminary questions raised by the Court in Bremen with respect to the right of the consumer to withdraw from the contract concluded outside of the business premises of the seller as well as the obligation of the consumer to pay the mortgage loan concluded outside of the business premises of the seller when the consumer has terminated the contract.

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