Widerrufsfolgen zwischen Rechtszuweisung und Vollharmonisierung

The study first examines the exact purposes of consumer-protective withdrawal rights on the basis of their genesis. Then, the rights of withdrawal and their legal consequences are located in the systematical structure of the German Civil Code (“BGB”). In the central third chapter, the gaps in legal protection resulting from the implementation of the Consumer Rights Directive are discussed. It is shown that even the fully harmonising character of the Consumer Rights Directive does not prevent a further development of the national law. In a final step, based on the dogmatic classification of the withdrawal rights, a system-coherent way of closing the identified gaps is shown.