Research On The Institution Of Withdrawal Right Of Consumers

Withdrawal right of consumers is a kind of unilateral right for consumers to rescind contract according to some conditions. As the representative country in European Union, Germany legislation put withdrawal right in contracts chapter of obligations part in civil law according to the EU directives, definitize withdrawal right a right in civil law. Legislation in Anglo-American Legal System created cooling period institution in trading practice, and this institution had become a general trading habit between consumers and sellers. Clause 25 of consumer rights protection law in our country is the legislative achievements of institution of withdrawal right of consumers. The function of this institution is to balance the interests of two sides, protect substantial justice and solve the new problems of protecting consumers. The institution is facing many important problems in practice now.Now there is only one function of withdrawal right in our country, and the slight flaw needs withdrawal right’s relief. New legislation should puts two functions of consumers’ withdrawal right, namely, return sales right without reason and return sales right for the reason of slight flaw.These rights and return sales right by the reason of flaw can make up three distinct options of rescind consumers’ contracts.Then new legislation should definitizes withdrawal’s character and system ownership of withdrawal. Put withdrawal into consumers’ rights chapter of consumer rights protection law, and put withdrawal into contracts chapter of obligations part in civil law.When it comes to the method of using this right. Specifically, the precondition of new legislation should be the severe occasion of Information asymmetry, make the obligation of protecting subject matter detailed, and add the gradient of price condition, and unify withdrawal right period, except in special case.The rule of excluding withdrawal right is the key factor of giving seller right to exclude this right or not. New legislation should creates a protective norm to definitize a "principle and exception" mode, forbid sellers’ excluding withdrawal right by format contract in principle, and stipulate excluding occasion only by law.To operate the institution and balance the interest of two sides, new legislation should distribute the obligations of testification. The consumers’credit institution of returning sales also should be set up.