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A Study on the Rescission of Consumer

  • DONG-A LAW REVIEW
  • 2008, (41), pp.203-230
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

HyoungSuk Ko 1

1선문대학교

Candidate

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.

Citation status

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