Exclusion Clause In The Contract

With the normal use of format contract, the exclusion clause issues in the contract are more highlighted than before. This thesis discusses the theory and reality issues caused by exclusion clause by using the demonstration approach, comparison approach and legal analysis approach.There are many different definition of exclusion clause in theory field. These definitions reflect the contents of exclusion clause from the aspects of its target, form and object. However, in a summary, it is not beyond the circle of exempt the future of contract party or limits the right of another party. Because of this, this thesis define the exclusion clause as the contract term that both parties agreed in the contract and target at limit or exempt the future of another part. It has three different basic characters which are faith character, instruction character, and exempt character. Among these, the exempt character is the most essential character. According to different standard, we could divide it into different category, such as fully exclusion clause, limit exclusion clause, exclusion clause for exempting the contract, exclusion clause for exempting the right violates, exclusion clause in consumption contract and exclusion clause in commercial contract. The existing and development legal principle base of it in the social economic life was contract free, legal autonomy and entity theory of civils.The purpose of making exclusion clause is to have the exempt results. This thesis discusses the exclusion clause effectiveness judgment issues from four aspects. Firstly, the precondition of exclusion clause effectiveness judgment is that the term must be included in the contract and become one part of it. For some exclusion clause in contract, the problem of adding exclusion clause in the contract could be resolved by following the basic principle of promise and agreement of the contract law. It is complex for adding exclusion clause in the format contract. The format contract could be divided into consumption format contract and commercial format contract according to the contract parties'position, and each country has different methods for adding exclusion clause into these two different contracts. As the supplier of consumption contract are mainly large monopoly enterprise and the...