El derecho de desistimiento en los contratos electrónicos internacionales

Abstract

The Right of withdrawal in electronic contracts is presented as a hybrid issue linked to the formation of the contract and consequently its perfective moment. This power is of great importance in electronic commerce since the speed in these transactions is due, among many other causes, precisely to the possibility of withdrawing from the contract. This work addresses some aspects of material law mainly regulated in Directive 2011/83/EU and the regulations that the Right of Withdrawal presents in the field of private international law. This is an issue that has a certain complexity, mainly due to the different protection that the aforementioned Directive and Regulation 593/2008 (Rome I) grants to consumers depending on whether they are active or passive consumers.