THE CONSUMER’S RIGHT TO CANCEL THE DISTANCE CONTRACT IN LIGHT OF THE EUROPEAN CONSUMER RIGHTS DIRECTIVES

Abstract

There has been massive prevalence of products and services being sold remotely. In such sale contracts, consumers are in the vulnerable side: they do not have enough chance to inspect and examine products/services subject of the contract, hence they finalize contracts based on the effect of advertising, and wherein specifications of products/services are exaggerated beyond what is real. Therefore, in many regulations, consumers are given the right to cancel such contracts. This paper defines the limits and justifications of such right to rescind. It also addresses legal nature and legal base of rescinding, investigates the positive impacts on consumers resulted from practicing the option of rescinding, In addition to this, the effects resulting from exercising
the right to cancel the contract on both the consumer and the supplier. This paper also will review terms stipulated by European directive on consumer protection and laws that are made according to such directive. It searches into the extent to which legislatures have the right to make such laws in other countries. There is no doubt that the international nature of remotely concluded contracts requires that consumer protection be extended to countries all over the world in order to reduce legal obstacles that make it difficult to put into effect legal provisions that give consumers the right to rescind remotely concluded contracts.