Der Widerruf von Verbraucherdarlehen zwischen Rechtsdurchsetzung und Rechtsmissbrauch

The exercise of revocation rights with respect to mortgage loans has become a mass phenomenon termed “Widerrufsjoker” [revocation joker] and has been the subject of countless court rulings and legal articles. The dispute has pitted consumer lobbyists – who view the exploitation and exercise of the revocation right beyond the realm of “buyer’s remorse” as a new realm of consumer rights enforcement – against those who, as a result of consumers’ basic motivation, regard the approach as an abuse of law. Perhaps recognising the economic significance of the situation, it is notable that rarely in the history of German consumer protection have companies taken such wideranging action against consumer protection rights. At the same time, never before have consumers been so assertive in demanding legal redress. In light of these developments, this dissertation will assess the historic disparity between consumers and affected companies with respect to this issue.