The right of withdrawal in Peru: A proposal based on a comparative analysis of Spain, Argentina, and Chile

Abstract

This article provides a comparative and propositive analysis of the “right of withdrawal” in the consumer law of Spain, Argentina, Chile and Peru. Through its statutory sources, doctrine, and jurisprudence, it examines how this exceptional power acts as a limit to the pacta sunt servanda dogma. The study addresses the regulatory asymmetries in exercise deadlines, non-compliance with precontractual information duties, and digital implementation through the “withdrawal button”. Likewise, it analyzes the dogmatic tensions surrounding the restitution of performances and the standard of diligence required of the consumer. The research concludes that, while the three systems protect the weaker contracting party against information asymmetry, they differ substantially in their protective rigor and in how they balance the consumer’s patrimonial harmlessness with legal certainty in commercial transactions. Based on these issues, a proposal for a right of withdrawal in Peru is presented.