El derecho de desistimiento en la contratación de consumo

Resumo

1.- Thesis Objectives. The principal objective is obtained a global set of rules about the right of withdrawal which exceeding the particular one to get a common set of rules applies to the entire contract with consumers. Through this doctoral thesis I had studied deeply one of the principal figures in the Consumer Law, which is the right of withdrawal. This is one of the basic mainstays in the legal consumer protection system with the right of information and repertoire of unfair clauses. To get this objective we have examined the insufficiency of the traditional protection system in the Spanish Civil Code to give a solution to the new problems created by the mass contract with consumers. We have studied the historical evolution in the European Community Law and in our Law from the initial laws until the current regulation. I have had special attention to the origin and evolution of the right of withdrawal. Finally I studied, in a detail way, the doctrinal, legal and law of precedent configuration of the right of withdrawal, not only in the Consumer Law but also in the special laws which include this right. We finished this work, summing up the conclusions and improvement proposals of this institution forward. 2. - Investigation methodology This doctoral thesis assumes two methodological premises. First the historical evolution of the right of withdrawal which has a great interest because we study a relative new figure in law, in a constant evolution. Second, we look for the problems of the institution and find the solutions in order to get the common set of rules. We use techniques of argumentation and practical legal reasoning to apply the rules of the positive juridical ordination. This is a thesis of problems and solutions, with a high theoretical component. 3. - Conclusions We have achieved the intended objectives in this research. After the analysis of the current law and the influential of the Community Law, we have been able to identify what are the elements of the general regimen of right of withdrawal which can be considered common to all the consumers� contracts which has recognised this right. We organise and systematize these elements as input to the future of this legal institution, which will be to create a right of withdrawal able to apply to all the consumers� contracts.