Widerrufsrecht
5. Right of withdrawal, how to withdraw
5.1.
The right of withdrawal set out in Government Decree No. 45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses is only available to consumers, not to businesses.
In the present case, withdrawal is possible "only" in the event of breach of contract or on the basis of a right of withdrawal previously agreed by the parties, and the rules of the Civil Code on withdrawal, termination or defective performance apply instead of the provisions of consumer protection legislation, according to which, if the breach of contract has resulted in the loss of the rightful claimant's interest in performance of the contract, he may withdraw from the contract or, if the situation existing before the conclusion of the contract cannot be restored in kind, he may terminate it, unless otherwise provided by law.
According to Section 8:1, point 3 of the Civil Code (Act V of 2013), a consumer is a natural person acting outside the scope of his/her profession, self-employment or business activity. This means that legal persons and companies do not have the right of withdrawal.
5.1.
The right of withdrawal set out in Government Decree No. 45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses is only available to consumers, not to businesses.
In the present case, withdrawal is possible "only" in the event of breach of contract or on the basis of a right of withdrawal previously agreed by the parties, and the rules of the Civil Code on withdrawal, termination or defective performance apply instead of the provisions of consumer protection legislation, according to which, if the breach of contract has resulted in the loss of the rightful claimant's interest in performance of the contract, he may withdraw from the contract or, if the situation existing before the conclusion of the contract cannot be restored in kind, he may terminate it, unless otherwise provided by law.
According to Section 8:1, point 3 of the Civil Code (Act V of 2013), a consumer is a natural person acting outside the scope of his/her profession, self-employment or business activity. This means that legal persons and companies do not have the right of withdrawal.