Study On Culpa In Contrahendo On The Basis Of The Way Of Signing Standard Clause

In this modern society, with the development of the economy, the standard clauses become prevalent, it not only changes the traditional way of signing contract and lowers the cost of trade, but also affects the principle of contract freedom and justice to some extent. Due to plenty of standard clause be used in the contract, it get extensive attention. In practice, this kind of contract cause some disputes frequently for existing of unreasonable exemption clause. The reason of the phenomenon is that the party of contract lays down many unreasonable exemption clauses and implements the obligation improperly. So we should discuss the application of culpa in contrahendo from the way of signing contract of standard clause.The article is composed of three chapters besides introduction and conclusion.Chapter one is introduction that put forward the main issue, practical value and theoretical significance of this article.Chapter two is concerning the concept and character of culpa in contrahendo to know about culpa in contrahendo. The application of culpa in contrahendo has been developed to protect both parties' benefits as soon as possible,Chapter three points out the connection between pre-contractual liability of both parties and way of signing contract. Standard clause is used extensively for its advantage, but it has blemish too. So, the article elaborates the possibility of the application of culpa in contrahendo from the analysis of pre-cdntractual liability to make both parties undertake more and more liability to share themselves' benefits equally.Chapter four is looking for roomage of the application of culpa in contrahendo from tendency of standard clause. The existence of standard clause reflect opinion respectively, it is advantageous to development of trade. Meanwhile, owing to blemish, one party harm other by unreasonable exemption clauses easily, so the application of culpa in contrahendo will be more and more extensive with the development of standard clause.Chapter five generalizes the main content and sums up author's opinion.