El derecho de desistimiento: especial consideración al desistimiento contractual

Abstract

[EN] This thesis aims to investigate the Right of withdrawal as a figure of consumer law, with particular regard to their type of contract. In the first chapter called Right of withdrawal, in four sections present some introductory considerations allow us to approach the study of the figure. To do this, in the first section, exposes what is called initial considerations of the study, which discusses some relevant issues around consumer protection. In the second section discusses the concept of the right to desist in their different meanings. In the third, it is an exercise approach and conceptual comparison. In the fourth, the justification cited social, economic and legal right to exist as the analyte and finally in the fourth, its legal nature. In the second chapter called Right of withdrawal regulation, in two different sections, one devoted to European law and other Spanish law, exposes the legal regulation of the figure. To do this, make a normative historical study which sets out each and every one of the directives and laws that have governed the institution. The third chapter called Right of withdrawal elements, consists of three sections, the first devoted to the analysis of the subjective elements of the legal, namely consumer and entrepreneur. The second is devoted to the analysis of the target element. And third, devoted to the study of the content of the right. The fourth chapter, entitled Effects of Right of withdrawal, as the name suggests is the study of the consequences of exercising the right of withdrawal involves dedicating a section specific to each. The fifth chapter called withdrawal contract law, is the study of the figure in the form of contract. This emphasizes what it is, a species of the genus and as such, should be based on their normative postulates. We also analyze the mechanisms provided by the legislature for the withdrawal clause is incorporated into the agreement, namely through the contract offer, promotions or special sales, advertising and finally, the consensuality, in where also studied abuse that the consumer may be through calls general contractual clauses and unfair terms