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A Study On Consumer’s Right To Regret

Posted on:2014-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:F Y XuFull Text:PDF
GTID:2256330401475807Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Consumers’ right to go back on our word, it is to point to in the performance of the contract aftercompletion of a period of time, consumers are established according to the contract shall have the right toaccording to the meaning said to cancel the contract unilaterally without the need to assume any liability forbreach of contract. Compared to the consumer and business operator belong to vulnerable groups, based onthe protection of consumer rights and interests of disadvantaged group, give consumers right to go back onour word, makes the consumers from the interests of the loss caused by the asymmetric information. This isa legal system for contract will keep the principle, but it is the embodiment of the principle of contractfreedom essentially. Current elimination based on the protection of consumer rights and interests, has madethe corresponding provisions in return, such as "three guarantees" system, etc., but these rules are based onthe premise of "once appear quality problem, for products are not quality problem can not be returned. Therules in the era of network information has obvious lag, cannot be very good to protect the interests ofconsumers. Analysis in this paper, based on the perspective of protecting consumers’ rights and interests ofconsumers right to go back on our word of the theoretical basis and practical significance, draw lessonsfrom foreign advanced legislative experience about consumers go back on our word right system, to denythe right of the applicable scope, reasonable time and the right to exercise the way proposes the idea thatthe applicable law. Hope in the near future, right to go back on our word can truly into the consumers’rights and interests protection act, to protect consumers’ rights more effectively.This thesis is consisted of four parts. The first part puts forward the current related rights system toprotect consumer interests. To "contract law" in the system of contract rescission, and the liability forbreach of contract and apart from the right to go back on our word. At the same time, the product of "threeguarantees" responsibility system and the right to regret doing the comparison.This part by comparing thecurrent relevant legal system and the right to go back on our word to illustrate the difference between ourcountry’s present legal system can’t fully protect the interests of consumers.The second part, set up the theoretical arguments of consumers go back on our word right. This partfrom the nature of analyze the right to go back on our word, clear out of rights, the legal nature of right offormation in turn from the jurisprudence, learns dimension argument right to renege the embodiment of the principle of fairness and justice.The third part, through the analysis of the scope of foreign consumers right to go back on our wordand applicable condition, to compare the current local regulations and rules to deny the rights established indesirable and deficiencies. Based on our country’s basic national conditions, proposed the consumers rightto go back on our word commonalities and differences in legislation at home and abroad.The fourth part, the right of consumers back to our country law has made. First of all, has been clearabout the right to go back on our word applicable scope. Secondly, to analyze typed object on theapplication of the right of consumers go back on our word. Again, for the duration of the right of consumersgo back on our word and exercise made assumptions. Finally, made clear the rights of the consumers rightto go back on our word abuse case, due to prevent excessive rights of use to market transaction.This article mainly USES the comparative analysis, empirical analysis and so on legal researchmethod. Citing instances, draw lessons from foreign legislative experience, proposed to consumers go backon our word right as an independent power system into a "consumer rights and interests protection act ofour country.
Keywords/Search Tags:consumer, consumer’s right of rescission, default behavior, legislation
PDF Full Text Request
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