Research On Some Issues About Standard Terms

The traditional form of concluding contract is by means of individual negotiation, in which the parties can bargain to determine their rights and obligation in the contract. Accompanying the appearance of the numerous of transactions, the standard terms arose and were used in more and more situations, which deprived contract freedom of the customer. In order to protect the contract freedom, standard terms should be regulated by the law. This thesis will focus on its fundamental theory, the integration principles, the force principles and the explanation principles. At the same time, the thesis will also analyze the related fact of our country's legislation.Chapter one is about the fundamental theory of standard terms. First, we can determine what kind of contract terms are standard terms through its definition and characteristic. Standard terms refer to those terms which are repeatedly used in many contracts, provided by the stronger party in advance, without negotiation with customers. Then the thesis analyzes the advantages and disadvantages of the standard terms. Second, it analyzes the jurisprudence basis and view the contract freedom is the only basis. Last, after knowing the difference of the customers'contract and the business contract, we held that the systems of the standard terms only can be applicable to the customers'contract.Chapter two is about the integration principles of standard terms. This kind of principles is very important to standard terms. The prime principles involve three aspects, to call the counterpart's reasonable attention; the standard terms are not surprising clause and the counterpart's consent. On the base of the above analysis, the thesis focuses on the related regulation in our contract law, and provides some suggestions to them.Chapter three is about the force principles of the standard terms. When the standard terms are one part of the contract, the force principles will be another method to regulate such terms. In this part, two main principles are discussed. They are the principle of public policy and the principle of good faith. But the two principles are general, in order to make them operable, the law tried to make them regulations. Each of them has its own certain regulations. The principle of public policy has three and the principle of good faith has one regulation about standard terms.Chapter four is about the principles of explanation of standard terms. There are three main explanation principles, external explanation principle, the explanation principle against the provider and the explanation principle of individual terms priority. In this part, their definition and application are mainly discussed.