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The Research the Legal Regulation of Standard Form of Contract and Perfection

Author: ZhaoXing
Tutor: ChenQiWei
School: Nanchang University
Course: Legal
Keywords: standard form of contract standard clause recognition for legal force legal regulation
CLC: D923.6
Type: Master's thesis
Year: 2010
Downloads: 237
Quote: 0
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Abstract

Standard form of contract, concluded by one of the parties (the users) in advance for repeated usage without negotiation with the other party, whose convenience and time-saving meet the need of high-effectiveness and low-cost in modern economic life, and it has such an unparallel advantage that is used widely in variety of fields. Nowadays, from receipts of park lots,invoices of stores to notices of "All Sales are Final" in shopping malls,people are connected to standard forms almost everywhere and every time in daily life, however, it results in some problems:The supply party of standard form usually takes his finance advantage to make unfair clauses in contract, and then the other party is put into a passive stage, choose to accept or leave, it means they have no chance to negotiate and could not to protect their legal rights. As a result, the contract breaks the law principle of fairness and justice. So, a broad argument is caused:the emergence and prevalence of standard form heavily challenge the freedom of contract which is one of the three main principles of civil law. In essence, standard form develops on the base of the freedom of contract and it is a rebirth of contract freedom. In china, both the recognition for the legal force of standard form and the legal regulation are not in accordance with the development of standard form.Legislation should regulate the recognition for legal force of standard form and improve both the clause content and the contracting method. As long as the legal regulation is going comprehensively and scientifically, the standard form will correspond with the principles of freedom, fairness and justice for contract, and meet the need of high-effectiveness and low-cost in modern economic life.

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