Research On The System Of Obvious Unfairness Contracts

The system of obvious unfairness contracts is one of the most important systems, which functions on rectifying the unfair contract. Although this system has been stipulated in the civil law system and judicial explanation of Supreme People's Court, the theoretic discussion will continual for a long time. Especially the discussion on the existing value and the composition factors have become the focus of the Academic. Thesis emphatically discusses some related topics about the system of obvious unfairness contracts. Some research methods such as concept definition, comparative analysis and value judgment have been used to study this system from many aspects. Besides, thesis tries to deepen the research on this system from the jurisprudence angle. At last, according to the theoretic analysis and the insufficiency of legislation and judicature on the system of obvious unfairness contracts, thesis gives some improving method, which may be of benefit to the system.