earticle

영어

A special law for consumer protection regulates right to withdraw of consumers. This right is different from the right to withdraw in Civil Law. And consumers can exercise this right unquestioningly in a certain period. Payment of each contractor has to return to the or iginal state in the effect of exercising of the right. By the way, during the period between payment and withdraw, consumers may obtain any benefits or profits from using of objects. This is called profits of using. Provider may suffer a loss from no returning of this profit. But the legal ground for the returning of profits is not clear. First, compensation for damages is considered. But it can't be accepted that the profits of using is returned to provider by the principle of compensation for damages. Because a loss of provider is not an damage. Second, unjust enrichment is considered. But this also can’t be possible beca use of the lack of requirements. Therefore it must be established in the system of each special law. And the legal basis that profits of using from consumer’s right to withdraw can be returned to provider has to be arranged.