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학술논문동아법학2008.02 발행KCI 피인용 5

소비자취소권에 관한 연구 - 일본 소비자계약법을 중심으로 -

A Study on the Rescission of Consumer

고형석(선문대학교)

41호, 203~230쪽

초록

Business must provide consumer with necessary informations to exercise the right of choice, because business has necessary informations as to making consumer contract. If business doesn't provide informations or provide false informations, consumer must be making a contract in misconception. Also, in case of business' nonacceptance of leaving or disregarding consumer' wish of leaving, consumer makes a contract to escape this situation. Those contracts were made in situation of lack of intention contracting. But contracts are effective unless come within the purview of the mistake, deception or compulsion. But it is unreasonable that consumer contract is effective. Therefore, it is necessary to grant consumer a right cancelling a contract. In Japan, consumer can cancel a contract with the consumer contract act in this case. The Rescission of Consumer must be introduced that guarantees reasonable choice of consumer, realizes business' duty of providing informations and cancels a undesired contract.

Abstract

Business must provide consumer with necessary informations to exercise the right of choice, because business has necessary informations as to making consumer contract. If business doesn't provide informations or provide false informations, consumer must be making a contract in misconception. Also, in case of business' nonacceptance of leaving or disregarding consumer' wish of leaving, consumer makes a contract to escape this situation. Those contracts were made in situation of lack of intention contracting. But contracts are effective unless come within the purview of the mistake, deception or compulsion. But it is unreasonable that consumer contract is effective. Therefore, it is necessary to grant consumer a right cancelling a contract. In Japan, consumer can cancel a contract with the consumer contract act in this case. The Rescission of Consumer must be introduced that guarantees reasonable choice of consumer, realizes business' duty of providing informations and cancels a undesired contract.

발행기관:
법학연구소
분류:
법학

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소비자취소권에 관한 연구 - 일본 소비자계약법을 중심으로 - | 동아법학 2008 | AskLaw | 애스크로 AI