Legal Literature

  • Legal Literature Details
    • Member State: Austria
    • Title: Withdrawal pursuant to § 11 Distance and Off-Premises Contracts Act despite impossibility of return of the good
    • Subtitle:
    • Type: article
    • URL:
    • Author: APATHY, P.
    • Reference: ÖJZ 2014/111
    • Publication Year: 2014
    • Keywords: distance contracting, off-premises contract, right of withdrawal
  • Directive Articles
    Consumer Rights Directive, Chapter 3, Article 9
  • Headnote
    In this article, the author examines whether it is in conformity with the Consumer Rights Directive to let a buyer be liable to pay compensation, if he withdraws from a distance or off-premises contract but cannot return the good.

    The author comes to the conclusion that in such cases the buyer will be liable for the amount that corresponds with his benefit. The risk of accidental impossibility to return has to be borne by the seller (entrepreneur).
  • General Note
  • Related Cases

    No results available