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Regulation of the terms of the contract format

Author: ZuoShan
Tutor: LiDongFang
School: China University of Political Science
Course: Economic Law
Keywords: Standard terms Feature Effectiveness Regulatory system
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 95
Quote: 0
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Abstract


The content of this article discusses the regulation on standard terms. With the continuous improvement of the standard terms of the degree of social transactions in the form commonly used in today's society, it is efficient and convenient, the transaction cost savings advantages, but at the same time there is the use of unfair terms to damage the interests of the counterparty phenomenon runs counter to the ultimate principle of the pursuit of fairness and justice in this law. Standard terms Zhebing modern society \\application development needs further modify, supplement and perfect. In this paper, a retrospective of the standard terms of history, parse format the terms of the legal characteristics, advantages and disadvantages, based on comprehensive consideration to make the regulatory status quo of today's developed countries and regions of the standard terms, based on the principles of fairness and justice and the characteristics of the modern trading on improving China's standard terms of legal regulation recommendations. The main content of this article is divided into five chapters: the first chapter, the format of the terms of system overview. Probing into the Origin of the standard terms chapter first introduces the theoretical concept of the standard terms, a brief review of the different countries today is to define the connotation of the terms of format, and then from the standard terms and development trajectory analysis of the terms of format is different from the general terms of the contract unique characteristics, describing the use of standard terms have been transactions in the form of modern society in general. The second chapter, the pros and cons of the format of the terms of system analysis. This chapter by analyzing the terms of format unique advantages in the five areas of the value of efficiency, safety value, fair value, legislative value and intervention value deduced that the reasonableness of the legal value of the standard terms can be widely used; From a legal parse the standard terms of freedom of contract and the point of view of real-world applications, the drawbacks of fair trade, reasonable risk sharing, analysis to limit the use of standard terms in order to create a fair and orderly market environment, has become an irreversible trend. Chapter, other countries and regions, a comparative study of the legal regulation of the standard terms. This chapter by introducing the \The four aspects introduced in other countries and regions in terms of the format and Germany, Britain, Italy and other countries to conduct a comprehensive comparative analysis of the Legislation of system to regulate the general practice of the standard terms. Chapter IV, our standard terms of the regulatory status quo and thinking to improve the terms of the legal system of our contract format. This chapter based on the actual situation of our country, first of all from the legislative status quo and judicial rules of the development stage of two aspects of a detailed introduction of format the terms of the specific provisions of our terms of format legal regulation system exists the defect system analysis, by drawing on foreign mature legislation and practical experience, combined with the reality of our terms of format development, recommended the establishment of a combination of ex ante regulation and ex post regulation, the terms of the format Legislation of, and in conjunction with other relevant regulatory measures comprehensive regulatory system.

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