Study On Description Obligation Of Form Clause

Contract has becoming increasingly important since market economy system was established. The wide-ranging use of contract promoted the development of economy, besides, brought a series of social problem, such as "no traded clause", many unlawful contracts under the lawful cloak, sense of faith imperiled.Form Clause has found an increasingly wide utilization in many fields of modern society as the important style of contracts. It economizes the resources and raises the economic benefits, and also exists hardly overcoming drawbacks. Party provided contract would took the advantage to set the clause against the other party owing to dissymmetric of information, thus damaging the benefits of the other party. That makes Form Clause conform to Freedom of Contract superficially, but violate the requirements of Justice of Contract substantively.Traditional contract law theory emphasize Freedom of Contract, the description obligation in contract-making stage only regarded as the obligation of morality.With the development of economy and deeply study of state intervene theory, more limits apply to Freedom of Contract, Pre-contract Obligation and Responsibility of Contract Culpa is rapidly expanding, description obligation has become hot spots gradually as core of Pre-contract Obligation.Description obligation to Form Clause in contract-making stage corrects the phenomenon of "dissymmetric of information". It was the result of recognition of Freedom of Contract, set Justice of Contract as direct theoretical basis.The article makes a tentative approach the general theory about description obligation in contract-making stage. It demonstrates the scope and ways of performances and legal responsibility of breach to seek the valuable suggestions about relevant problems.