商业研究

Previous Articles    

The Response of Modern Civil Code to Consumer Protection: With Reference of the Modernization of German Law of Obligation

HU An-qi   

  1. School of Law, Anhui University, Hefei 230601, China
  • Received:2017-02-15 Online:2017-06-16

Abstract: The modern “German Civil Code” pays attention to special protection of consumer, defines the concept of “consumer” and “operator” uniformly in the civil subject system. In order to avoid the threat of double-track system of private law, the special law of consumer protection was integrated into the Civil Code systematically through debt law reform in 2002, to achieve the purpose of protecting consumer uniformly. The civil code that is being complied can integrate the concept of “consumer-operator” into the general provisions of civil law, prescribe important system of “Consumer contract” in “Contract law” for reference. To be specific, it refines the legal intervention of contract of adhesion, improves the system of consumer′s right of withdrawal, to realize transformation from abstract personality to specific personality, from formal justice to essential justice. Modernization and re-codification of civil law will come true through protecting consumers by civil law.

Key words: consumer, modernization of law of obligation, modern civil code, re-codification