| Abstract [eng] |
The aim of the master's thesis is to analyze the advantages and problematic aspects of the consumer's right to withdraw from the contract enshrined in Article 9, Part 1 of the Directive 2011/83/EU, including the legal regulation of Lithuania and the European Union in legal acts, court practice and legal doctrine. The aim of the work is to investigate whether the protection of consumer rights using the institute of contract refusal is effective and how to ensure compliance with the principle of fairness in the application of the institute? In the research paper, it was established that for the application of the institute of refusal of the consumer contract, it is important to identify that the contract would be classified as a consumer contract group, the purchased product (good / service) would (not) fall into the list of exceptions in the relevant legal act; the term and place of conclusion of the contract would be taken into account. The period during which the consumer has the right to withdraw from the contract can be defined by the entrepreneur at his discretion, without violating the mandatory minimum term established in Directive 2011/83/EU. In Lithuania, the consumer is protected by the right to withdraw from the contract more widely than required at the European Union level, i.e. i.e. the institute of withdrawal from the consumer contract also applies to physical stores. The purpose of the consumer's right to withdraw from the contract can be as a means of protecting consumer rights or fair consumption. Also, the aforementioned institute is a satisfaction against (dis)honest businessmen, when the consumer gets time to make sure whether the product sold by the business entity really meets the consumer's interests. The institution of the withdrawal of the user contract would be criticized in the aspect that it is not always possible to make full restitution between the entrepreneur and the consumer, when the buyer provides personal data in the electronic store, which remain known to the entrepreneur. In addition, the consumer may incur return costs that are disproportionate to the value of the product. The weakness of the institute can also be seen in the aspect that when the consumer abandons the contract of consumption, he automatically returns the non-new product, which he used free of charge. |
