Research On The Relevant Issues Of The Right Of Termination In Prepaid Consumption Contract

As a new consumption mode that has developed rapidly in recent years,prepaid consumption has the characteristics of prepayment,one-way risk and periodicity.The unique consumption mode not only brings payment convenience to consumer sources and raise development funds as quickly as possible,so it is optimistic about merchants.In this consumption model,consumers may unilaterally terminate the contract based on reasons such as change of reasons such as change of store location,nonperformance of the contract,dissatisfaction with the quality of service,etc.At this stage,in-depth consideration should be given to whether such contracts can be terminated unilaterally,whether the corresponding legal basis can be found,and what legal consequences will occur after contract is terminated.China ’s current laws have not yet clearly defined the concept of prepaid contracts,but concepts that are closely related to this have long appeared,such as prepaid consumption,prepaid consumption cards,etc.This type of contract is most commonly found in situation such as hairdressers,fitness companies signing contracts with customers,etc.This ensues the extensive use of standard clauses in contracts and the protection of consumer rights.For standard clauses,it is necessary to combine the principle of fairness and relevant laws and regulations to determine whether the rights and obligations of the two parties to the contract are equivalent,and use this as a reference standard for determining the validity of standard clauses more accurately.Then,when the prepaid consumption contract is terminated,how the ownership of the prepaid amount should belong,whether the remaining price in the prepaid amount should be returned to the consumer,and how the resulting losses should be compensated deserve our in-depth discussion and study.In order to protect the rights and interests of consumers and achieve contractual justice,the concept of substantive fairness can be introduced in the trial of specific cases,so as to clarify the nature,type and purpose of prepaid consumption contracts,as well as the rights and obligations of the parties.