Study On Description Obligation Of Form Clause

The produce of form contract is the important indicator of contract law's development in the twentieth century. In particular, after World War II, form contract covering almost all business areas. On the one hand, form contract contribute to the expansion of the modern market trading volume, trading professional development, reduction of transaction costs and other issues. On the other hand, to some extent, the development of form contract impact on the system of freedom of contract, damage the basis and balance of parties to the contract agreement, formal and substantive cause inequality of the parties. In the contracting process, the description obligation of the provider of form contract is correction of unequal form contract and maintenance of contract justice.Despite the shortcomings of the form clause, but considering the increase of transaction efficiency and security, many states recognize its legitimacy. The question is how to regulate the form clause, this is one of the important issues of contract law, and a developing trend of Modern contract law. The legal provision of description obligation is a important part of the provision of the form clause. How to correct the phenomenon of"dissymmetric of information"in contract-making stage, adhere the principle of freedom of contract, maintain contract justice, protect consumers' interests, are important issues in the law field and significance of the study in this paper. This paper uses the research methods of comparative analysis, empirical analysis and historical analysis, make a tentative approach of the general theory about description obligation in contract-making stage. It demonstrate the scope and ways of implementation and legal responsibility of breach to seek improved methods about relevant problem.