THE CONSUMER’S RIGHT OF WITHDRAWAL FROM CONTRACTS CONCLUDED BY ELECTRONIC MEANS IN ROMANIAN LAW
The purpose of this paper is to analyse the legislation, doctrinal opinions and relevant case law regarding the consumer's right of withdrawal from contracts concluded by electronic means (e-contracts).The objectives pursued by the author are:- establishing the juridical nature of consumer'...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2011-04-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2011_articles/index.php?dir=01_law%2F&download=cks_2011_law_art_037.pdf |
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| Summary: | The purpose of this paper is to analyse the legislation, doctrinal opinions and relevant case law regarding the consumer's right of withdrawal from contracts concluded by electronic means (e-contracts).The objectives pursued by the author are:- establishing the juridical nature of consumer's right of withdrawal from e-contracts;- identification of problems that could arise from law’s interpretation,- issuing of the de lege ferenda proposals.Governmental Ordinance no. 130/2000 introduces a new exception to the principle of irrevocability of contracts in Romanian law: the consumer's right of withdrawal from distance contracts. The same Ordinance sets the scope and conditions for the applicability of this right.Consumer's right of withdrawal from e-contracts, as a type of distance contracts, can be exercised without the need to give any specific reason and without penalties, within 10 working days from the date of receiving the goods or from the another moment depending on the specifics set out in GO no. 130/2000. If consumer cancels the distance contract on the basis that he does not like the goods, the withdrawal from the contract is valid, even if the withdrawal solely depended on the will of the consumer, this sets out a legal exception from the provisions of art. 1010 of Civil Code which stipulate the nullity of the obligations undertook by the liable person under the condition “if I want”.Sales of goods by electronic means, as a particular case of a distance contracts, is, therefore, a new form of selling, governed by its own specific legal regime. |
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| ISSN: | 2068-7796 |