Studies On Form Contract And How To Control It

Form contracts are widely used in modern 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 discusses the problems on how foreign countries control form contracts. This part approaches the problem of the controlling form term made into the contracts. 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 discusses the law controlling of form contracts before it was made in China. It also analyses the current situation.The fourth part discusses how to cause formation of controlling form contracts and gives some advices on how to complete the controlling form contracts 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 consumer 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.