POTROŠAČKO PRAVO NA RASKID UGOVORA PREMA PREDLOGU UREDBE O ZAJEDNIČKOM PRAVU PRODAJE, MAKEDONSKOM I NJEMAČKOM PRAVU
CONSUMERS' RIGHT ON WITHDRAWAL BY THE PROPOSAL REGULATION ON COMMON EUREOPAN SALES LAW, THE MACEDONIAN LAW AND THE GERMAN LAW

Summary/Abstract: In this paper, аe analyse the consumers’ right to withdraw from contract through the prism of its nature and its functions, as well as the normative foundations contained in the Proposal for a Regulation on the Common European Sales Law, the Macedonian and the German law. The withdrawal right enables the consumer to back off from a valid contract, without explanation, within a specified period of time (cooling–off period). The main function of this right is to protect consumers from sudden decision, which is variously reflected in different situations, but eventually it affects the binding nature of the contract. Therefore the existence of this institute and the rights it confers should be well founded. The paper provides for an overview of the typical provisions regulating this right in different legislative instruments of the European Union and their transposition into the German Law into the Macedonian Law. In conclusion, we argue that the term "termination of contract" as used often in the legislation of SEE, is not fully appropriate reflect the characteristics of this instate of the consumer law. In terms of the relationship between legal acts, we determined the differences in the Proposal for Common European Sales Law and in the German Law. We also voice a number of critical remarks to the Macedonian legislator because of the stall in the development of the Macedonian Consumer Law.

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