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How To Control Form Contracts

Posted on:2004-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:H J CaoFull Text:PDF
GTID:2156360095461774Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Form contracts are widely used in modem economic life. So it is very important for us to standardize and restrict form contracts. To do this we should make good use of the advantage of form contracts, overcome the malpractice of form contracts, promote economic prosperity and serve the economic construction.The first part emphatically studies the basic problems of form contracts, mainly discusses all kinds of definitions of form contracts in some parts of the world, analyses the cause of formation of form contracts, and also approaches their characters and set forth their value and defect.The second part mainly approaches the problem of the controlling form term made into the contracts. In this part we approaches the following problems: the problem on how to make form terms into form contracts in consumers and form contracts in commerce; the problems on how to make form debates and form terms into contracts of negative conditions.The third part mainly discusses the problems on how foreign countries control form contracts.The fourth discusses the law controlling of form contracts before it was made in China. It also analyses the current situation and cause formation of controlling form contracts and gives some advice on how to complete the controlling form contract in China.The methods of controlling form contracts can be: legislation, judicature, administration, self-discipline in society. In our country, different controlling has different advantages, especially legislation has the stronger power.In China laws taken in some ways of some foreign countries and its basic system are made up of three stipulations according to the contract law and one stipulation according to consumers' protection rights.The key contents are to stipulate the common obligations of the makers; define the common guiding ideology of protecting opposite persons, stipulate invalid condition of form terms and establish the explaining rule of form terms.
Keywords/Search Tags:Form contract, Form term, Controlling
PDF Full Text Request
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