일본소비자계약법의 법정책과 규율구조에 관한 비교법적 고찰

Abstract

Japanese Consumer Contract Act is the rule of civil matters, which applies to the contract between consumer and businessman(corporation). In the interests of consumer makes japanese Consumer Contract Act invalid the contract, which is concluded by misrepresentation und undue influence of businessman(corporation), and which is unfair. Japanese Consumer Contract Act intends to protect consumer with civil rule post factum, not adminstrative regulation in advance. Japanese Consumer Contract Act emphasizes consumer's self-decision in the process of concluding of contact(including negotiation), not the aspect the protection of consumer as the social weak. To improvement of the condition of the fair market is the important function of japanese Consumer Contract Act. The Policy of japanese Consumer Contract Act answers to the globalized neoliberalism. these policy applies with the tendency of the materialization of modern contract law.