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Study On The Benefit Conflict Balance Of Standard Form Contract

Posted on:2008-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q DengFull Text:PDF
GTID:2166360215487982Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As a product of economy of scale and economy of integration, standard formcontract reduces transaction cost by closing a transaction quickly. The application ofthe standard form contract has become more and more popular in social life. But inthe same time, the monopolizers become more and more strong, the injustice and theillogicality come to light. How to balance its benefit conflict and how to realize itsfairness and justice by means of proper legislative guidance and so on, which are thearduous undertaking and important contents for various legislation of different nations.By demonstrating the benefits conflicts of standard form contract and the principle offreedom of contract, we realize that we should regulate standard form contract. Thisarticle expounds the concept, the legal the character and the basic principles ofexecution and effect and explication of standard form :contract. So, this article takesbenefits balance as basical theory to order from commencing to the benefits and thebenefits equilibrium and related theories, standing in the format contract of the highlyexamining of the benefits balance of problem, then, to the contract and foreign lawcontrol a method, combining legislative norms of standard form contract in ourcountry, and puts forward a elementary plotting on the special law of standard formcontract regulation.
Keywords/Search Tags:standard form contract, freedom of contract, benefit conflict, balance, equality and justice
PDF Full Text Request
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