Study On The Institution Of Consumers’ Right Of Withdrawal

With the appearance of new trade mode, consumers have faced with unexpectedthreat. In order to fill the vacancy of traditional protection of consumers under newtrade mode, consumers in most countries are endowed with a special right------rightof withdrawal, which allows consumers within certain period terminate a contractafter it has been signed without stating reasons. This paper discusses the content,validity and practical values of the institution of consumers’ right of withdrawal, forhope that some view can be carried out on the construction of this system in ourcountry.There are five sections in this paper except foreword and conclusion.In the first chapter, history of the institution of consumers’ right of withdrawaland its specialty are introduced. First, the development of this institution is reviewed.Then, on the basis of contrast among this institution with those similar, the specialtyof the institution of consumers’ right of withdrawal is analyzed, which are legal,unilateral, gratuitous, non-judicial and exempting nature.The second chapter mainly analyses the legal attribute about consumers’ right ofwithdrawal. By discussing two conditions of the contract before the right ofwithdrawal is used, which are invalid and valid, the legal attribute about the right ofwithdrawal under valid contract is emphasized. Finally, it is pointed out that the rightof withdrawal should be classified into the rights system of economic law.The third chapter focuses on the foundations of the validity of consumers’ rightof withdrawal: theoretically, the institution of consumers’ right of withdrawal is theguarantee for the realization of freedom of contract; practically, the institution of consumers’ right of withdrawal breaks the shackle of the shortcomings of traditionalrights protection for the weak consumers. Therefore, this institution is sure to bring apositive impact not only on consumers, operators but the whole society.The fourth chapter makes a comprehensive contrast of regulations aboutconsumers’ right of withdrawal at home and broad. In contrast to foreign regulations,the institution of consumers’ right of withdrawal in our country is quiet imperfect.The fifth chapter, based on the sum-up of above text, advances the writer’ssuggestions to the construction of the institution of consumers’ right of withdrawal inour country. First, an independent chapter, which is the general regulation that coversall constructive conditions, should be established in the new amended ConsumerProtection Law. Second, in following subchapter special construction conditions forconcrete fields of consumption should be regulated so that the whole system can beall-around and rigorous. It is especially important to learn the positive regulation ofGermen and America to fill the gap in the field of commercial residential buildingcontract.