A Study On Legal Protection Of Macau Consumers' Rights And Interests Under Contract Of Standard Terms

This thesis of approximately 60,000 words, entitled "A Study on Legal Protection of Macao Consumer Rights and Interests under Contract of Standard Terms", consists of three parts, they are: (1) introduction, (2) main contents (chapter I-IV), and (3) conclusion.The introduction outlines the theoretical framework used in the analysis and its application in practice. Standard term contract, as a widely adopted legal institution in modern society, has its own distinctive characteristics. In 28 September 1992, the Macao Legislation passed Decree law No. 17/92/M - Clausulas Contratuais Gerais, aimed at counter-balancing the asymmetry of bargaining power between consumers, who are often the victims, and suppliers of goods and services in the market place by lawful means, as well as eliminating any unfair and unreasonable terms then adopted in the contracts. In reality, however, the infringement on consumer rights by the use of standard term contracts by enterprises is still widely seen in everyday life. The discussion of such imperfection in the legal framework, both on theoretical and practical grounds, serves as the main theme of this thesis.In thesis chapter 1, I introduces some key concepts commonly used in standard term contracts, as well as analyzes their pros and cons so as to give the reader a fundamental understanding of the subject matter.In thesis chapter 2, gives a detail account of the disadvantages of consumers under the misuse of such contracts by enterprises, and how such misuse infringes on their rights. As a corollary, to regulate the use of such contracts under a liberal system of contracts, for the purpose of protecting consumer rights and justice and preventing parties of weaker economic power being deprived of their rights, is one of the important legal duties and challenges faced by the society.Thesis chapter 3, compares similar legislations in three different districts, namely Mainland China, Taiwan, and the United Kingdom. Hopefully, such comparison and the analysis of their pros and cons could give a valuable guide and reference to their Macao counterpart and serve as a ground for further discussion.Thesis chapter 4, describes the current implementation of the consumer right legislations in Macao and the problems that arise. With the comparative study of similar legislations in the above three districts as a basis, the author hopes to shed some lights on how improvement can be made in the current legal framework so as to better adapt to the changing circumstances.In the conclusion, drawn from the discussion of the preceding chapters, the author expresses some personal academic opinions on the subject matter. The current legal framework in Macao is outdated and it no longer serves as an effective means for protecting consumer rights and the interests of parties with weaker bargaining power. These imperfections provide grounds for further improvements, and such improvements must be put on Macao Government's agenda. The author believes that only the perfection of the current legal framework and its supervision mechanism could give a better protection to consumer rights and interests in Macao.