On The Exemption Clause In The Contract Format Of The Civil And Commercial Law Regulation

In the 20th century, in the civil law domain there has been an obvious change, the biggest shocks of "the contract death" put forward by many scholars. In another word, it is the decline of the freedom of contract principle. The appearance of form contract disclosure and its widespread utilization play an important part in this change.This article makes a preliminary discussion of the form and its the rules and regulations of the contract disclosure. The following will be carried out by 3 points of view.In the first part I mainly introduce the limit of the form contract disclosure and the foundation of the civil and commercial law. In our country, there are many kinds of names and the limits of the Contract Format. In my opinion, the Contract Format is drawn up in advance by a side litigant, the other party can only accept or reject without exception, they cannot negotiate about the contract. In the definition and the characteristic of the Contract Format, in my opinion, the Contract Format is the challenge of the highest principle of the freedom of contract. It breaks the consultative consistent contract rule. It does harm in the opportunity and the ability of the party freely deciding his own destiny greatly. But the appearance of the Contract Format causes the deviance from the track of judicature autonomously, the freedom contract. The disclosure is the litigant when the let a contract frequently uses the provision,the disclosure has exempts, both sides, the clear instructionscharacteristic and so on the responsibility. The attitude of the Contract Format in our country is: On the one hand, it gives the existing space, on the other hand it sets the limit through many kinds of mechanism. This article elaborates regulations foundation of the Contract Format and the civil commercial law in two aspects.In the second part I mainly elaborated the evaluatuion of the Contract Format in our country. In our country, when legislature balances contract all quarters of benefit, we had the fullattention and the understanding of the Contract Format. In legislation rules and regulations, although there is no special legislation for the Contract Format, in fact there are many relative legislation, it has formed multi-level, the multi- angles rules and systems. Here is some analysis about "Insurance Method" and "Contract Law" is the fundamental law of market transaction. The rules and regulations significant contribution and the centralism manifests. It has providedthe unified legal rule for our country rules and regulations disclosure. From "Contract Law" the stipulation is not difficult to see, it works out, the potency to the form provision including the disclosurerecognized has all made the stipulation with the explanation aspect,has established my national commercial law rules and regulationsdisclosure approximate frame. Firstly, in working out the regulars, the contract format takes the fair principle as the instruction. Next, when the producer advices others in a reasonable way, the contract format does not limit or explain the reasonable way, this causes it lacks of operation in the practice. Thirdly, in the disclosure potency aspect, the contract format has stipulated the invalid situation in three articles. In "Insurance Method" the 18th stipulation, "the insurance contractstipulated the concerned insurer responsibility avoids of the provision,the insurer is working out the insurance contract must to insure thepolicy holder explicitly to explain, showing, this provision has not an effect." The 30th article prescribes that, "Regarding theinsurance contract provision, when the insurer and the policy holder,the insured and the beneficiary has the dispute, the people's court should treat as advantageously with the insured and the beneficiary explains." "Insurance Method" had stipulated insurer subscribes into thedisclosure when the contract negative duty. This law informs, theshowing duty stipulation to the disclosure for insurer's compulsoryduty. Moreover, "Insurance Method" absorbed in the disclosureexplanation has been advantageous the principle which explained to theprovision relative person. This stipulation greatly strengthened tothe policy holder judicature relief dynamics. The third part mainly provides of the Civil and Commercial Law it explained format defense contracts Regulation. The form contract disclosure just like an unexpected visitor, more and more widespread intrusion in our life, it becomes the realization freedom of contract and the contract fair barrier. In view of the fact that the complexity and disclosure multiplicity. The law isimpossible to the form contract disclosure rules and regulations only makes the stipulation in a law or the laws and regulations then toachieve the goal, on the contrary, when adopts the many kinds ofways, from multi-level, the multi-angles it carries on the rules and regulations. The way of compulsory provision rules and regulations and free provision rulesand regulations way; Article rules and regulations and concise rulesand regulations way; in our country we legislate the form contract disclosure people commercial law rules and regulations way. In our country although we do not have the formulation special to the form contract specific legislation, but had severalwith the form provision related legislation. Compulsory provision rules and regulations and free provision rulesand regulations way; Article rules and regulations and concise rulesand regulations way; in our country we legislate the form contractdisclosure people commercial law rules and regulations way. "Contract Law" has stipulated the form provision which subscribes the contract and the rule,the invalid form provision type, the form provision explanation rule;"Insurance Method" prescribes the legislation restriction strictly. "Contract Law" has carried on the universal legislation rules and regulations by the common law form to the form contract, "Insurance Method" specificallyhas carried on the special legislation rules and regulations by thespecial law form to the form contract, they constituted the rules and regulations formatting insurance contract legislation system together.These stipulations has provided the basis for the rules and regulations contract in overlord provision, but the flaw of legislation can't be neglected..The appearance of the form contract and its development has become an irresistible legal phenomenon to follow the social organization andthe citizen individual aspects of life. As a double-edged sword, the disclosure has the positive and negative value, it also can display thegood effect, enhances the speed which promotes a contract and thetransaction to complete, simultaneously. The energy band doesnot come the good consequence, it enforces someone to join in the contract. To create the situation ofthe bilateral consultation voluntarily. It violates the most important fair value of the civil law spirit. It does harm to the society harmonious coexistence and blueprint. In order to achieve the victory goal, we must spare no effort to carry on the rules and regulations to form the contract disclosure...