The right of withdrawal in distance contracts and contracts sold outside of commercial establishments

Abstract

This article aims to analyse the legal framework of the right of withdrawal, legally referred to as the right of free resolution, in distance contracts and off-premises contracts. This right is an important mechanism of consumer protection, allowing the consumer to withdraw from the contract through a unilateral declaration without the need to invoke any grounds, particularly in situations where the consumer is in a more vulnerable position, either due to the lack of prior control over the good or service due the influence exerted at the time of the conclusion of the contract. However, the right of withdrawal is not absolute, being subject to several limitations and exceptions provided for by law.