E-contracts B2C

: o confronto entre as regras de transferência do risco e o direito de arrependimento : uma análise à luz da compra e venda celebrada através da internet

Abstract

The main purpose of this dissertation is to reflect on the existence or not of a conflict between the risk transfer regime in bilateral contracts, concluded through the internet, entered between consumer and professional, and the right of withdrawal. For this purpose, we dissect the concept of B2C e-contracts, distance contracts, and the right of withdrawal, a special and mandatory right for consumers who enter distance contracts. Furthermore, we explain the general rules on risk transfer, under Portuguese law, and the specific rules on this matter, applicable to consumer contracts. Finally, an approach is made between the rules of the right of withdrawal and its possible incompatibility with the rules of risk transfer, as well as the influence of the right of withdrawal on those rules.

Date of Award	2 Sept 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Agostinho Guedes (Supervisor)