Die Rückabwicklung nach Widerruf von Verbraucherverträgen (Unwinding of Consumer Contracts following the Exercise of a Right to Withdraw)

Abstract

A revision of the acquis in the field of consumer contract law has repeatedly been announced but not, so far, been carried out. A group of colleagues has got together in order to investigate how such revision might look like: a revision that is not limited to a harmonization of the more technical aspects of the rules that have been enacted, in piece meal fashion, over the years but that addresses the more fundamental question which special rules are necessary for what reason in comparison with the rules of general private law. The present contribution attempts to carry out such investigation for the unwinding of consumer contracts after the consumer has exercised his right of withdrawal. The comparative background is provided by the general regime of the unwinding of failed contracts that will be contained in the new edition of the UNIDROIT Principles of International Commercial Contracts.

Please note that this is an article published in German.

Keywords: acquis communautaire, benefits, compensation for improvements, costs of restitution, Distance Contracts Directive, Doorstep Selling Directive, improvements, restitution, right of withdrawal, termination of contract, Timeshare Directive, UNIDROIT PICC, unwinding of failed contracts