Although largely governed by the national laws of the Member States, restitutionary provisions significantly influence the efficiency and effectiveness of remedies for contract failure in business-to-consumer contracts, including termination for breach and withdrawal, which are regulated by EU law. This chapter offers an overview of the main characteristics of the restitution regimes following the failure of consumer contracts. It examines the impact of EU law, including CJEU case law, in this area. Focusing on the challenges posed by the digital transformation of consumer law in particular, it explores the extent to which restitution law can help protect consumers’ economic and non-economic interests, including their personal data and human rights.

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Restitution as a Remedy to Digital Vulnerability in European Private Law

  • Karmen Lutman

摘要

Although largely governed by the national laws of the Member States, restitutionary provisions significantly influence the efficiency and effectiveness of remedies for contract failure in business-to-consumer contracts, including termination for breach and withdrawal, which are regulated by EU law. This chapter offers an overview of the main characteristics of the restitution regimes following the failure of consumer contracts. It examines the impact of EU law, including CJEU case law, in this area. Focusing on the challenges posed by the digital transformation of consumer law in particular, it explores the extent to which restitution law can help protect consumers’ economic and non-economic interests, including their personal data and human rights.