RETRAGEREA CONSUMATORULUI DIN CONTRACT, ÎN CONDIŢIILE O.U.G. NR. 34/2014, MODIFICATĂ ŞI COMPLETATĂ PRIN O.U.G. NR. 58/2022
WITHDRAWAL OF THE CONSUMER FROM THE CONTRACT, UNDER THE CONDITIONS OF O.U.G. NR. 34/2014 AMENDED AND SUPPLEMENTED BY O.U.G. NO. 58/2022

Summary/Abstract: In its provisions, art. 82 of the Consumption Code expressly stipulates "the right of the consumer to unilaterally terminate the contract" (s.n.). In the same context, however, the doctrine enshrined the 'consumer's right of withdrawal', with direct reference to the progressive formation of consent in the contract. Since, from a legal point of view, the situations are different, the question arises: is the consumer's right of withdrawal specific to the formation of the contract or its performance? Through the new regulations, the consumer's right of withdrawal (on given consent) has been recognized, both doctrinally and legislatively. Amendments and additions brought by O.U.G. nr. However, Regulation (EC) No 58/2022 also concerns other important aspects such as: exercise, time limits, effects, obligations and exemptions of the right of withdrawal. The paper is structured in four sections: "The legal nature of the consumer's withdrawal from the contract", "The consumer's right of withdrawal. Rules, exercise and effects under the conditions of O.U.G. nr. 58/2022", "Obligations of the professional and the consumer in case of withdrawal" and "Exemptions from the consumer's right of withdrawal".

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