On Regulations Of The Draft Common European Sales Law For Contracts Between Consumers And Traders

In order to enhance the vita lity of interna l market and promote the cross-border consumption w ithin the European Union,the European commission,on October 11,2011,submitted the < Proposa l for a Regulation of the European Parlia ment and of the Counc il on a Common European Sales Law>,through which,the European Commission intends to create a unified European Contract Law within the European Union,na me ly the Draft Common European Sales Law,and further promote the process of unification of European private Law.On the other hand,the Draft Common European Sa les Law continues the European Union's tradition of attaching great importa nce to consumers.Especia lly,it considers a high leve l of consumer protection as its' legislative purposes,which further promotes the development of consumer protection policy in European Union.As one of the biggest innovations,the Draft Common European Sa les Law inc ludes the regulations for Contracts between Consumers and Traders,and creates a ‘double layer separation' structure within Contracts between Consumers and Traders and ordinary commerc ia l contracts,overa ll.To be more specific,the Draft Common European Sa les Law regulates the Contracts between Consumers and Traders mainly in the next follow ing three aspects:First,the Draft Common European Sa les Law gives clear definitions to consumers and traders,through which,it defines the scope of Contracts between Consumers and Traders.Besides,according to the ways of conc luding contracts,the Draft Common European Sa les Law classifies the Contracts between Consumers and Tra ders into three types: distance contracts,off-premises contracts and non-distance and non-pre mises contracts.Second,the Draft Common European Sa les Law strictly limits its' application in Contracts between Consumers and Traders.The European Commission chooses a mode l of ‘Opt-in' for the Draft Common European Sales Law,which means application of the Draft Common European Sales Law requires an agreement of consumer and trader thereof.Third,the Draft Common European Sales Law,as domestic laws of me mbers of European Union,bases its' regulations for Contracts between Consumers and Traders on follow ing core rules,which are the Information D isclosure Duties of Traders,Right of Withdraw of Consumers,and the Unfair Terms.In order to achieve a high leve l of consumer protection,the Draft Common European Sales Law sets the abovementioned core rules all mandatory,which means the parties thereof may not,to the detriment of the consumers,exc lude its' application or derogate from or vary its' effects.And it is this kind of mandatory,which makes the Draft Common European Law being questioned.Since the 20 th century,numbers of countries begin to pay c lose attention and give specia l care to social vulnerable groups.The inc luding of regulations for Contracts between Consumers and Traders by the Draft Common European Sa les Law is the best examples of European Union's specia l care for consumers.Although there are some shortcomings exist in the settings of the aboveme ntioned core rules,but the attempt of the Draft Common European Sales Law to bring the regulations for Contracts between Consumers and Traders into the general contract law indeed provides a new thought for European and internationa l consumer protection.At present,our country is in a critical period of compiling the Civil Code,whic h can be an opportunity for our country to bring regulations for Contracts between Consumers and Traders into the Civil Code,and further perfect the relevant legal systems of consumer protection.