Research On Legislative Controlling Of Format Terms

The emergence of format terms was an important phenomenon in the field of contract law. It not only related to the movement of consumer protection, but also related to the development of the theories of contract law, and they promoted each other mutually. Through comparing and analyzing the foreign legislations and theories, the author put forward some proposals on how to constitute and perfect a synthetically regulating system of format terms by referring to related legislations. The dissertation was mainly divided into four parts. The first part emphatically studies the concept of format terms and analyzes the essence of format terms. Then it put forwards the proper reasons of controlling format terms from three aspects. Legislation is the foundation of legislative controlling system on format terms. So that in the second part,　the author contributes some useful ideas on how to perfect our legislative controlling system of format terms by comparing and analyzing the typical legislations concerning format terms in the foreign countries. The third part makes in-depth elaboration on the theories of how to make format terms into contract by comparing the foreign countries'legislations, then it put forward the suggestions to perfect our country's legislation on this problem. The fourth part mainly probes on the problem of controlling the validity of format terms. It is the most important content in the regulating law of format terms. In this part the author maps out of the validity controlling system of format terms and lays emphasis on discussing the validity evaluating system of format terms. Besides above, it also discusses the legal consequence of invalid format terms.