Legal Literature

  • Legal Literature Details
    • Member State: Portugal
    • Title: Critical analysis of the Consumer Rights Directive and its transposition
    • Subtitle:
    • Type: monograph
    • URL: https://digitalis-dsp.uc.pt/bitstream/10316.2/33985/1/DebateraEuropa11_artigo15.pdf?ln=pt-pt
    • Author: FRADE C., ALMEIDA M. P.
    • Reference: DEBATER A EUROPA - Periódico do CIEDA e do CEIS20, em parceria com GPE e a RCE. N.11 julho/dezembro 2014, pp. 125 - 134
    • Publication Year: 2014
    • Keywords: consumer, consumer rights, harmonisation, national law, off-premises contract, transposition, withdrawal period
  • Directive Articles
    Consumer Rights Directive, link
  • Headnote
    This article addresses the relevant changes imposed by the transposition of the Consumers Rights Directive and includes a couple of critical observations.
    Among other aspects, the authors argue that the Portuguese legislator opted for a creative transposition when establishing the formal requirements applicable to off-premises contracts (these contracts must be drawn up in writing and in Portuguese).
    Also, the authors are of the opinion that the transposition of article 8 (6) of the Directive 2011/83/EU of 25 October leads to confusing and unclear interpretations.
    This article also focuses on the right of withdrawal.
  • General Note
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