Studies On The Standard Form Contract

The standard form contract is a basic pattern of the modern trade. It has beencriticized by many experts and scholars, however, it also has been the most importantmode to make a contract. Legislation of standard form contract has been existed forseveral decades in foreign countries, but in our country, it is The Law of Contract waspromulgated in 1999 that prescribes the standard form contract for the first time. And itis so simple and defective that many problems cannot be solved. Therefore, I take thestandard form contract as the subject to discuss the basic theory, the legislation offoreign countries and how to improve our country's legislation about standard formcontract, respectively, in three parts.The first part of the article emphasizes the introduction of the standard formcontract, which includes four sections. Firstly, the concept of standard form contract isanalyzed in detail and the essential characteristic that the form items cannot beconsulted is pointed out. Secondly, with the respect of different viewpoints on thenature of standard form contract, I prefer the convenant theory and give the reasons forit. Thirdly, I explain the reason about the initiation of the standard form contract andthe reason about the popularity of the s0tandard form contract.The second part of this article throws light on the foreign country's legislation ofstandard form contract, for example, the Germany\the France\the England and theChina. I concludes three points on which our country should focus. First point iswhether relative provisions are taken under examination of the contract;Second pointis confirmation of the effect of form provisions;Third point is about interpretations toform provisions.The final part of the article puts forward ideas to improve the legal regulationsystem of the standard form contract in our country.