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標題: 消費者保護法定型化契約規範適用於網路交易之研究
A Research on the Regulation of Standard Contract in Consumer Protection Act for Online Transactions
作者: 李姿慧
Zi-Hui Li
關鍵字: 消費者保護法;定型化契約;網路交易;告知義務;無條件解除權;零售業等網路交易定型化契約應記載及不得記載事項;Consumer Protection Act;Standard Contracts;online transaction;notification obligation;absolute right to withdraw;Official Announcement of Mandatory and Prohibitory Provisions governing standardized Contracts for the Retail network transaction




With the advent of the commercial society, standard contracts are widely used in various transaction types, especially in online transactions. Since online transactions are contracted electronically, most of them use standard contracts. However, the standard contract is prone to the situation in which the business operators abuse the freedom of contract and infringe on the interests of consumers. In particular, the non-face-to-face transaction method of online transactions makes consumers disadvantaged. The protection of consumers is based on Articles 11 to 17-1 and Article 56-1 of the Consumer Protection Act for the regulation of the contract and the provisions of Articles 18 and 19 of the Consumer Protection Act, in order to balance the status of business operators and consumers.

In the Republic of China on the Consumer Protection Act of 104 years, which contains amendments to Articles 11-1, Articles 13, 17, and the addition of Article 17-1 and Article 56-1. This amendment makes the administrative authority of the competent authority more complete. Regulations Governing particulars to be specified in Official Announcement of Mandatory and Prohibitory Provisions governing standardized Contracts for the Retail network transaction is important for online transaction standard contract, but it seems not clearly defined and produced many problems.

In addition to the amendments to the standard contract regulations, in order to protect consumers of online transactions, the Consumer Protection Act also reviews the requirements for notification obligations and cooling-off period. Although the protection of this amendment has further improved the protection of consumers of online transactions, it still has some shortcomings, and it is difficult to fully implement the notification obligation and the cooling-off period system in the standard contract.

This article will analyze the type of online transaction that is applicable to the consumer protection, and through the specification of the consumer protection statutory contract and the notification obligation and cooling-off period in the online transaction and how to implement it in the standard contract. The discussion is based on the doctrine and practical cases. Three of the cases were ' Legal Issues of Price Indication in Internet ', 'PChome Return Terms' and ' Online Oversea Shopping '. Analyzed the court's judgments and examined the omissions of the current regulations, and implemented the purpose of the Consumer Protection Act for the future reference to the revised Consumer Protection Act.
Rights: 不同意授權瀏覽/列印電子全文服務
Appears in Collections:法律學系

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