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Studies on Form Contract and How to Control it

Author: WangZuo
Tutor: WangYueLong
School: East China University of Politics and Law
Course: Legal
Keywords: Form contract Legal Regulation
CLC: D913
Type: Master's thesis
Year: 2004
Downloads: 362
Quote: 1
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Abstract


In modern society, the format of the contract with our lives, it is widely used in the content of the contract is relatively fixed and signed a large number of occasions , businesses can see the format contract. The terms of such contracts are parties to a contract to provide a party , the other party can represent only accept or reject . Form contract on the production of an economic necessity , it reflects the modern production of high-speed, low-cost, high-yield characteristics , reflecting the complexity of specialization . Form contracts generated using the principle of freedom of contract in a certain impact , mainly reflected in the relative lack of choice and the intention of the parties full freedom , form contract makers often occur in the terms of the contract does not fully comply with the legal norms. Therefore, the format of the contract has the advantage of contracting is simple and can reduce transaction costs and improve efficiency , but the disadvantage is the content of the contract is unfair , tend to develop more formats party to the contract to consider their rights , increasing the responsibility of the contract counterparty . Form contracts are increasingly common , social and economic life has had a broad impact. If the format Annexed contract intensified the tendency , will seriously undermine the legitimate interests of the contract counterparty , destroy equality and mutual benefit , consensus , freedom of contract , the basic principles of contractual autonomy . Therefore, how to better bring the form contract is placed in front of us an important issue. The first part discusses the format of the contract formation process , analyzes the concept and characteristics of form contracts , as well as the advantages and disadvantages of standard contract . For the format of the causes of the contract , the author from social causes , economic causes , causes three aspects of legal analysis , which reflects the format of the contract is the socio-economic development to a certain stage of the product . The concept for the format and characteristics of the contract , the author first compared the countries and regions in the title and the meaning of the similarities and differences ; Subsequently, from the form , status, nature of three analyzes the concept of form contract , citing national scholars on the format of a contractual nature of several kind of view, and by exploring determine the reasonableness of the contract says ; in

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