Geschäftsimmanente Abstandnahme

The immanent right of withdrawal is the generic term used for the various possibilities of withdrawing from a contractual obligation. The author begins by dealing with the ius poenitendi, which is a part of the European distance marketing directive, as a current and practical development in the immanent right of withdrawal. This area of consumer law, which the author uses as an example, is then compared to the right to revocation in German, Austrian and Italian law. In his study, Francesco A. Schurr focuses on the distribution of interests, distinguishing between the right to revocation as a marketing instrument, as a means of protecting the weak or as a way to compensate for an error made by one of the contracting parties. The book forges links between general civil law and consumer law and addresses fundamental questions of the European unification of law.