Discuss About Consumer's Right Of Rescission

The 25th article of PRC Consumer Rights and Interests Protection Act states the right of rescission for the consumers. It contributes to social equity and maintains the social welfare. Consumer Rights and Interests Protection Act is a typical form of favorable allocation of legal rights for vulnerable consumers. After the establishment of a contract, the consumers are entitled to terminate the contract without having to give a reason in certain time. It is one type of the right of formation, which is "other circumstance" in the act. The right of rescission is a remedy if the consumer rights are infringed. Both right of cancellation and right of rescission are unstable since the contract could be terminated at anytime which make the legal act becomes invalid. Both rights are in order to protect either side of the contractors. But there are some differences regards to the purpose of legislation and ways of enforcement. The right of termination leads to almost the same outcome with the right of rescission. However, there are some differences in the aspects of time length and outcomes. The right of termination is a guarantee of making choices. The Republic of China may use foreign law as references to continue consummate the right of rescission in terms of limited circumstances and time. According to precedent and summarization, the right of rescission must clearly state the terms and conditions, which include the duty of notification from the suppliers, time length of performing. The sign date on the receipts of the purchase is defined as the date of receiving goods. And the date of return is the shipping date from the consumers. The consumers may return the goods either to the merchants directly or informing. And must make sure the goods are in perfect condition for second sale for the merchants. And the consumers should take the responsibility of any improper use and damage. And the expenses of returning may vary from the economic situations of each area. In circumstance of consumers who take advantages from the right of rescission, merchants may provide evidences to avoid refund or deduction.