General Terms And Conditions

Forms are commonly used in modern society to reduce cost of transactions and thusenhance efficiency. But the user of form sometimes will take advantage of hiseconomic advantage over his counterpart to gain more profits. And still we have todecide whether a contract containing forms from different parties has been formedsuccessfully.Germany and USA each has a complete rule system of forms which represents itscontinental or common law. From their attitudes we see the spirits of freedom ofcontract and categorization in technique.China now has a fast-developing economy which asks to use forms all over thesociety, while its rules can not satisfy the needs not only of the protection of the poorbut also of the internal and international transactions.The purpose of this paper is to compare the rules, the cases and the theory of thethree countries to find out the shortages of we China's rules and try to get rid of them.And through discussion we come to such conclusions as: the rule system of forms isopen;it is a derivation of the rules of legal action and contract;it was, is and will beenriched originally by trials and it embodies conflicts of values in levels.As a result, we have to facilitate the construction of rule system by learning fromother countries. And during this interaction we have to make ourselves aware that thepublic power is only the protector and maintainer of the domestic order of our societybut not the creator of it,as has always been remembered.