Legal measures to protect consumers Study the case of terminating contracts of business operators

Abstract

The purposes of this research article are to 1) study the criteria for terminating a contract and the results of terminating a contract according to the Civil and Commercial Code and consumer protection laws. Both according to Thai law and foreign law. 2) Study and analyze problems and obstacles that arise with consumers when they want to exercise their right to cancel the contract.

The research results found that The laws of Thailand and Japan do not have specific provisions to directly protect consumers from contract termination by business operators. In England, it is found that there is a regulation directly related to protecting consumers from unfair trading, namely The Consumer Protection from Unfair Trading Regulations 2008 (Amendment 2014) or CPRs, which the said law is consistent with the Unfair Commercial Practices. Directive or UCPD which has stipulated that unfair trade practices are prohibited. By specifying aggressive/proactive commercial practices (Aggressive commercial practices)

The researcher opinion on the resolution of the problem is that the criteria and results of contract termination should be revised in accordance with the Consumer Protection Act by issuing additional law giving Contract Committee the power to determine and set the regulation of the contract between the business operator and the consumer in general and clearly specifying that the consumer can express their intention to terminate the contract through varying channel including authorized government agencies. As for the problems and obstacles in terminating the contract The researcher supports the idea of amending Consumer Protection Act to stipulates the prohibition of unfair trade practices, including classification of unfair trade practices causing complication for consumers in terminating contract in which considered to be aggressive/proactive commercial practice.