PRAVNA PRIRODA PRAVA POTROŠAČA NA ODUSTANAK OD UGOVORA
LEGAL NATURE OF CONSUMER'S RIGHT ON WITHDRAWAL

Summary/Abstract: The consumer's right on withdrawal is a complex law that has multiple legal nature. Its legal nature depends on the moment at which this right is used, and the fact what legal regime of regulating the right on withdrawal is approved. If this right is used prior to the conclusion of the contract when the consumer made an offer for the conclusion of a distance selling contract or off business premises the right on withdrawal has the legal nature of the cancellation or revocation of offer, depending on whether the offer came to selected (trader) or not. If, however, the right on withdrawal is used after concluding a contract, then it is the closest to legal condition, as the circumstance upon which the validity of a legal transaction depends, required by law. Because of the fact that realization of the consumer's right on withdrawal completely depends from consumer's will, this right may be considered as volitional condition, too. However, these conclusions on the legal nature of the rights of consumers on withdrawal are valid for the current, so-called compelling legal regime of regulating this right. The adoption of a more flexible legal regime of regulating the right of consumers on withdrawal would change its legal nature.

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