The Modernization Of EU Consumer Contract Law And Its Reference

In the recent decade, the disputes of consumer contract frequently emerge. But the existing legal system of China cannot provide a satisfactory solution to those disputes. Therefore the establishment and improvement of consumer contract legal system is bound to happen. This essay which in the perspective of the modernization of consumer contract law of European Union( hereinafter as EU consumer contract law), makes a reference to the advanced experience of the modernization of European consumer contract law, points out the shortcomings of the existing consumer contract legal system of China, meanwhile explores the great impact on the amendment of consumer contract regulations in German and Italian civil code, finally expects to make some practical suggestions on the establishment of consumer contract legal regime in the future civil code of China.In the first chapter, it is starting from the historical evolution of EU consumer contract law, briefly analyze the conformation and the improvement of EU consumer contract law, summarize the key points of modernization of EU consumer contract law lie in the specification of the good faith principles, and the institutionalization of consumer rights, and the breach of consumer contract remedies system.In the second chapter, it discourses the unfair terms regime of consumer contract,respectively as the non-negotiated terms rules and significant imbalance rules. In the meanwhile it selects a classical case of consumer credit contract to analyze the regulation of unfair consumer contract terms. It also distinguish the differences between the two interpretation principles as unfair terms rules and unfavorable provider principle. It makes a reference to the unfair consumer contract regime to rethinking the standard term rules of Chinese legal system.In the third chapter, it studies and analyze the consumer rights system,respectively as the right of information, the right of withdrawal, the right ofcancellation. And from the case law it discourses the matter of the right of withdrawal and the associated contract, the right of cancellation and the obligation of compensation.In the fourth chapter, it attempts to conclude the remedies of the breach EU consumer contract law, respectively as the optional remedies and the broaden explication of compensation for contract breach.In the fifth chapter, it examines the great impact of modernization of EU consumer contract law on the amendment of German and Italian civil code, and finds out that the draft of the Chinese civil code not yet had on the consumer contract regime involved, therefore this essay expects to put forward some beneficial suggestions on the establishment of the consumer contract law regime in the future civil code of China.