Document Type
Original Study
Abstract
The right to withdraw from the contract is a legislative right of the consumer, which can be exercised within the period specified for it, and within the controls established for it, and when exercising it restores the situation to what it was before the contract, it lies in protecting the consumer from fraud and haste in concluding the contract without full knowledge of the Contract content. The consumer is the axis around which all the legal texts contained in consumer protection laws revolve, and he is the direct reason for the legislation that restores the balance between him and the professional. The legislator has made this right two forms. The first is before the conclusion of the contract, and the second is to return after the conclusion of the contract. The right to withdraw from the contract is discretionary, as it is a purely voluntary right whose discretion is left to the full will of the consumer, in accordance with legal controls. It is a right that affects the binding force of the contract, and constitutes a departure from this principle, as it is a legal obligation on the professional, producer or supplier. It is a legal tool that the legislator enables to the consumer during remote contracting, within the framework of his keenness to protect the rights of an organization and establish controls, and he called it the right to refer to remote contracting.
Recommended Citation
Auda, Ahmed Tooj
(2022)
"The consumer's right to withdraw from the electronic
sales contract,"
Imam Ja'afar Al-Sadiq University Journal of Legal Studies: Vol. 2:
Iss.
1, Article 4.
Available at:
https://ijsu.researchcommons.org/ijsu/vol2/iss1/4