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Taiwan, China stereotypes of Contract

Author: LinQian
Tutor: ZhaoWanYi
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Stereotyped In Taiwan Contractual terms Consumer Protection Judicial rules of Administrative rules and regulations Operators Consumer China and France Protection of consumer rights
CLC: D923
Type: Master's thesis
Year: 2004
Downloads: 135
Quote: 0
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Abstract


The principles of contractual liberty, which are derived under the individualism of the 18th century, underline the spirit of contractual autonomy and party autonomy. They represent the core of private law autonomy, as one of the key principles of private law. The term "liberty" as set forth in the principles of contractual liberty denotes: I. Liberty to enter into a contract. Namely, the parties in a contract have the liberty to enter or not enter into a contract at their discretion. II. Liberty of the counterpart(s). Namely, a contract party is entitled to determine at his/her discretion with whom he will enter into a contract. III. Liberty of the contents in the contract. Both parties are entitled to reach accords on the contents of the contract. IV. Liberty in amending or annulling the contract. After a contract is executed, either party or both parties may update the contents at their discretion, or may even execute a new contract in place of the present one. V. Liberty in method. Both parties may determine whether or not they must fulfill a specified method after a contract is executed.The spirit of the principles of contractual liberty is to acknowledge each and everybody who may take legal acts and be entitled to his/her rights, obligations at his/her discretion. By means of "acknowledging that each and everybody may, at his/her discretion, compete or enter into a contract to seek personal interests", it will, indirectly, attain the objectives of enhancing public interests of the country and society. The spirit of the principles of contractual liberty becomes the guiding principles to spearhead individuals, society and country into development. Since the industrial revolution took place in the 19th century, the transaction model has been abruptly changed in the wake of the emergence of capitalism, monopolization and oligarchy. Volume transaction has become increasingly popular. The conventional practice of personal bargaining can no longer live up to consumers’ needs. Standardized contracts have gradually come into being in such a climate, leading to drastic changes in the principles of the right and obligation distribution between contract parties under the Civil Code.In Taiwan, standardized contracts have replaced typical contracts and, in turn, have become the mainstream of academic research. In Taiwan, standardized contracts very often help entrepreneurs minimize or even exempt their responsibilities and, inturn, harden the responsibilities of the counterparts. Meanwhile, such standardize contracts restrict or even deprive the counterparts of their rights, or even impos various risks upon counterparts. As a result, the entrepreneurs’ counterparts forfei the liberty to determine the contract contents, and liberty in transaction conditions The fair and reasonable fundamental principles are critically undermined. Very often, mounting disputes are heard among the massive use of standardized contracts It is, therefore, imperative to profoundly probe into the issues regarding developmen of standardized contracts in Taiwan.In Taiwan, the Consumer Protection' dissertation">Consumer Protection Law was officially promulgated on January 11 1994 and was put into enforcement two days later, on January 13,1994. Consume Protection Law provides details regarding standardized contracts in definition, scope interpretation and regulations. Meanwhile in Taiwan, the Book of Liabilities of th< Civil Code was updated on April 21,1999 and put into enforcement on May 5,2000 with addition of Article 247-1, providing provisions in principle regarding the validity of standardized contracts. The laws and regulations concerned quote above provide solid foundation regarding disputes over standardized contracts making the subject study further worthwhile.

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CLC: > Political, legal > Legal > Chinese law > China and France
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