侵犯消费者知情权与欺诈认定的关系探究 ——宾利豪车天价赔偿案评释

• 영문명: Research on the Relationship between Infringement of Consumers’ Right to Know and Fraud Recognition —— Commentary on Bentley Luxury Car Whopping Compensation Case
• 발행기관: 원광대학교 법학연구소
• 저자명: 杨 诗 炜 (YANG SHIWEI)
• 간행물 정보: 『원광법학』제35권 제2호, 117~133쪽, 전체 17쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.06.30

영문 초록

The facts of car sales fraud cases are different, and the role of details in the identification of fraud cannot be ignored. Whether the operator constitutes fraud as he fails to fulfill his statutory obligation to inform consumers and violates consumers’ right to know or not, it is necessary to explore the relationship between these two. The judgment of this case provides a principled path for the future trial of similar cases: while judging whether the operator violates the statutory disclosure obligation constitutes fraud in the Consumer Protection Law should Focus on the following factors: whether it affects the fundamental purpose of consumer contracting, and whether there is a subjective intention to conceal relevant information. It has guiding significances for promoting the reasonable protection of automobile consumers’ right to know and the orderly development of the automobile industry.

목차

引言

一、案例梳理

二、案例评析

三、结语

키워드

欺诈 行为 ；消费 者知情权 ；告知义 务 ；缔 约 根本目的；意思表示 Fraudulent conduct Consumers’ right to know Obligation to disclose Fundamental purpose of contracting Declaration of intention