Format The Terms Of The Effectiveness Of A Comparative Study

Since the standard clauses are formulated in anticipation by only one party, it is easy to result in unfairness. Through comparing with the legislation and judicature of the standard clauses in other countries, the article analyses the factors and models to judge the validity of standard clauses. It is the current tendency for every country to judge the validity of standard clauses through the two aspects of substantiality and procedure. According to the extent of deviation to fairness, the author divides the standard clauses into three levels — relative fairness, lack fairness, unfairness--from the two aspects of substantiality and procedure. Then, the author put forward judging the validity of standard clauses through the extent of deviation to fairness from substantiality and from procedure. Meanwhile, in order to make convenient in judicial practice, the author holds that it is necessary to set definite standards of deviation to fairness to various types of standard clauses from substantial law and to make a definite partition to the levels of deviation to fairness from procedure law.