Standard Clause In Consumers' Contracts

Along with the development of economy and the sharp increase of trade volume, the new contract form of standard clauses can be seen everywhere in our life. Standard clauses are used widely in banks, insurances, transportation, water, power and gas supply, retail trade, as well as in service industry. The application of standard clauses has enhanced the economic efficiency, and decreased transaction cost. However, all these conveniences have caused dilemmas to laws, which are mainly manifest in consumers'contracts. This thesis focuses on how to ensure the supervision of laws over standard clauses, as well as to enhance economic efficiency to the maximum, save transaction cost and protect consumers'rights. Based on the researches and methods previous scholars, this thesis probes into standard clauses in consumers'contracts both theoretically and practically.This thesis mainly analyzes the concept, genes, advantages and drawbacks of standard clauses, and the thesis is composed of five chapters discussing relevant aspects of standard clauses in consumers'contracts, namely, the incorporation of standard clauses into consumers'contracts, the interpretation of standard clauses, the legal determination of standard clauses, and the supervision of laws over standard clauses. The thesis is aimed to serve the judicial practice, and is concentrated on the research of applied laws.