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Legal Literature

Legal Literature Details
Member State Romania
Title Uniformisation tendencies of the legislation regarding consumer protection - Directive no. 2011/83/UE on consumer rights
Subtitle
Type other
URL
Author ILIESCU, M. G.
Reference www.bibliotecahamagiu.ro
Publication Year 2014
Keywords consumer rights, right of withdrawal

Consumer Rights Directive, Chapter 1, Article 3, 1. Consumer Rights Directive, Chapter 3, Article 7, 1. Consumer Rights Directive, Chapter 3, Article 8, 1. Consumer Rights Directive, Chapter 3, Article 9, 1. Consumer Rights Directive, Chapter 3, Article 9, 2. Consumer Rights Directive, Chapter 3, Article 9, 2., (a) Consumer Rights Directive, Chapter 3, Article 9, 2., (b) Consumer Rights Directive, Chapter 3, Article 9, 2., (b), (i) Consumer Rights Directive, Chapter 3, Article 9, 2., (b), (ii) Consumer Rights Directive, Chapter 3, Article 9, 2., (b), (iii) Consumer Rights Directive, Chapter 3, Article 9, 2., (c) Consumer Rights Directive, Chapter 3, Article 9, 3. Consumer Rights Directive, Chapter 3, Article 11, 4.

The author describes the most important rules on trader-consumer contracts, as provided by Government Emergency Ordinance no. 34/2014 on consumer rights resulting from contracts concluded with traders (which transposes the provisions of Directive 2011/83/EEC) ("GEO 34/2014"), especially regarding the right of withdrawal of the consumer:
• consumer contracts are recognized as a new category of contracts which is guided by its own rules;
• the right of withdrawal of the consumer - it is important to note the significant change in the name of this particular right, as it used to be recognized as the right to unilateral termination, which is a legal notion with different characteristics;
o it is designed to protect the consumer's consent as it offers him the possibility to reconsider and to reflect over the decision or to check the manner the trader fulfills his obligations.
o It is a right granted by law, potestative and free of charge. The consumer is not obliged to justify his decision to withdraw and its exercise may not be abusive or hindered in any way by the court.
o The effects of exercising the right consist in the termination of the contractual relationship between the parties, with the re-establishment of the prior situation (the reimbursement of the payments made);
o By effect of the consumer's withdrawal, the trader must refund all the amounts received from the consumer as payment, as well as delivery costs, within 14 days from the date when the trader was informed about the withdrawal. In case of sale-purchase contracts, the seller may postpone the refund until he receives the goods or proof from the buyer that he sent the goods to the trader.

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