法国消费者合同撤回权立法及启示

French Legislation about Consumer's Right of Withdrawal of Contract and Its Inspiration

法国法上的消费者合同撤回权是指消费者在作出承诺后一定期间有权撤回承诺。这一制度最早适用于上门交易,后扩展至消费借贷、远程销售、分时度假、人寿保险等领域。法国《消费法典》移植了欧盟相关指令,对撤回权制度作了统一规定。不同交易类型的撤回期间有别,若法定信息未适当提供给消费者,撤回期间会被延长。撤回权法律效果总体为恢复原状,除退货运费和借贷本金的利息外,善意消费者不承担任何补偿责任。我国消费者合同撤回权规定零散,须解决立法体系问题、与民法关系问题。建议平衡我国经济发展实际与消费者保护水平,扩大消费者合同撤回权适用范围,统一撤回期间,明确撤回方式、撤回效果和成本分担。

French consumer＇ s right of withdrawal means that consumer has right to withdraw his acceptance within certain period, and its legislation applies early to off-premises contract, then to consumer credit, distance sales, timeshare holiday, life insurance and other fields. Implanting relevant provisions of EU directives, the French Consumption Code has made unification regarding consumer＇ s right of withdrawal. Different types of transactions provided different withdrawal periods. Where the required information has not been duly provided to the consumer, the withdrawal period shall be extended. In principle, the exercising of right of withdrawal will result in making restitution. Except for freight and credit principal＇ s interest, the bona fide consumer does not assume any liability of indemnity. Chinese legislation about consumer＇ s right of withdrawal is scattered, so statutory construction should be rearranged and dealing with the relationship with civil law. It＇ s suggested to balance our economic development and consumer protection level, expand the scope of application, unify withdrawal period, specify withdrawal method, and provide legal effect and cost sharing of consumer＇ s right of withdrawal.