On The System Of Obvious Unfairness Contracts

The system of obvious unfairness contracts is one of the most important systems in Contracts Law, which functions on rectifying the unfair phenomena caused by the contract free principle to protect the justice of contracts. The system of obvious unfairness contracts plays an important role in protecting the justice of trade and the benefit of the weak side especially of the consumers. According to the relevant principles in "General Principles of the Civil Law" , "Contract Law" and "Some Advice on Carrying Out 'General Principles of the Civil Law of PRC raised by the Supreme People' s Court" , obvious unfairness contracts are obviously disadvantageous to oneself signed in the case of emergency or lacking of experience. However, the concrete definite principles haven' t been set up in "General Principles of the Civil Law" and " Contracts Law" in China on how to identify obvious unfairness contracts in judicial practice. As to what is obvious unfairness and how to identify obvious unfairness contracts, it is still a problem about which we haven' t got the same awareness in the theoretic research of Contracts Law and judicial practice. The thesis will probe into the problems on the definition, the requisites to constitution , the identifying of obvious unfairness contracts and improvement of the system of obvious unfairness contracts, etc.Firstly, it makes a further study of the basic theories of the system of obvious unfairness contracts, and focuses on the requisites to constitution of obvious unfairness contracts. There are two kinds of opinions in the academic sphere: the statement of objectivity and the statement of the union of subjectivity and objectivity. I prefer the latter: The...