유럽공통매매법(CESL) 상의 소비자철회권에 관한 연구

• 영문명: Right to withdraw in CESL
• 발행기관: 한국민사법학회
• 저자명: 박희호(Pak, Hee-Ho)
• 간행물 정보: 『민사법학』제66호, 365~403쪽, 전체 39쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2014.03.31

영문 초록

Common European Sales Law(CESL) provides that the consumer may in principle exercise the right to withdraw within 14 days from the day on which the consumer has taken delivery of the goods(Art. 40 CESL). When he exercises the right of withdrawal, the distance contracts and off-premises contracts terminate immediately. But CESL does not provide concrete effects of the exercise of the right of withdrawal. This incompleteness of the rules of CESL shows us the situation in which the right of withdrawal does not go well with the traditional contract theory. The former is in the late 20th century introduced in our legal system to protect the consumer. It gives him the right to free himself from his obligations without any reasons. But such content of the right of withdrawal collides with the traditional contract principle, pacta sunt servanda and the right of withdrawal has not yet fixed position in contractual law system. This situation results again from the insufficient establishment of the nature of the right to withdraw. Nonetheless, the right of withdrawal cannot be excluded from CESL. The consumer in EU countries, who has long enjoyed the protection through the right of withdrawal, will consider the common sales law that has no rule of the right of withdrawal as regressive. The maker of CESL has no choice but to proceed with the legislation in incomplete form in relation to the right of withdrawal. Otherwise he would give up the whole CESL.

목차

Ⅰ. 들어가는 말

Ⅱ. 소비자철회권의 의의

Ⅲ. 소비자철회권의 발생

Ⅳ. 소비자철회권의 행사

Ⅴ. 철회의 효과

Ⅵ. 편면적 강행규정

Ⅶ. 결론

참고문헌

키워드

유럽공통매매법 소비자철회권 격지자간의 계약 영업소 외에서의 계약 소비자보호 관련 서비스 부가적 계약 Common European Sales Law right to withdraw distance contract off-promises contract consumer protection related service ancillary contract