Research On Consumers' Unilateral Termination Of Prepaid Consume Service Contract

In recent years,prepaid consumer service contracts have become a popular trading way in practice.In this kind of consumption,some consumers unilaterally request to cancel the contract based on various reasons such as dissatisfaction with service quality and changes in place of residence.However,whether such a contract can be unilaterally canceled,for which reason can be canceled,and how is the legal effect after the release,there are many disputes in theory and practice.It should be noted that the unilateral claim by the consumer may not be in compliance with the statutory right of rescission under Article 94 of the Contract Law.When determining whether the merchant constitutes a fundamental breach of contract,it is necessary to consider whether the payment obligation does not conform to the agreement constitutes a fundamental breach of contract for the characteristics of the service contract;the "contractual purpose" that the consumer intends to achieve cannot be realized,and there is room for the defaulting party to terminate the right;The prepaid consumer contract belongs to the category of unnamed contract.According to the correct understanding of the 124th rule of the Contract Law,and considering the meaning of the trust relationship in the contract to maintain the contract,the arbitrary cancellation right of the entrustment contract can be used.After the consumer exercised the statutory right of rescission,there was a dispute about the issue of discounted return and damages.For the service that has been paid,it cannot be restored to the original state,and it should be returned according to the agreed preferential price or the original price.There is a dispute.If the merchant has a breach of contract,the consumer is not liable,and can enj oy the price concession for entering into the prepaid card contract;if the consumer exercises the right of rescission of the defaulting party on the grounds that "cannot be enforced" or "the contract cannot be fulfilled",the original price will be converted.It may overlap with damages,resulting in the benefits of the business exceeding the scope of the benefits.Therefore,the services provided should also be refunded at a discounted price.After the contract is legally terminated,the observant party may claim damages for breach of contract.The nature of the damages is the performance of the benefits,and the damages are subject to the rules of impairment and the rules for the loss of profits and losses.If the consumer is a defaulting party,the merchant's performance interest includes the interest corresponding to the operating profit and the total amount of the prepayment during the original contractual period,that is,the reward for the unfinished business of the merchant is deducted from the benefit of the exemption.If the consumer analogy applies the right to cancel the entrustment contract,the relevant rules of the entrusted contract may be used to deal with the rights and obligations of the parties and related legal issues.In the practice of our country's courts,we are also more sure of the right to remunerate the part of the fulfilment of the situation.The focus of arbitrarily dissolving the paid concession dispute is whether it is possible to request remuneration for the remainder of the period after the cancellation.The remuneration of the entrusted contract is premised on the completion of the corresponding entrusted transaction.The future remuneration does not yet have the necessary requirements for the remuneration claim,and there are obstacles to interpretation.By applying the relevant principles of the risk burden rule,it is difficult for the creditor to waive its obligation to pay because the cause of the creditor can be attributed to the failure of the payment obligation.Therefore,the client is able to request remuneration for the remainder of the period after the cancellation.For the format clauses that often appear in prepaid card contracts,"once sold,no refund","non-refundable for customers due to reasons other than the company's reasons",the contract will be judged according to the principle of equality and reciprocity.Whether or not the payment is treated with mutual reciprocity,thereby determining the validity of the format clause.