Exemption Clause In The Standard Contract And Its Legal Regulation

In this modern society, with the rapid development of the economy, standard contract became popular all over the society. Due to plenty of exemption clauses be used in the standard contract, it got extensive attention. Just as one of the scholars pointed:"In the contracts that are concluded by everyman,99% of them are standard contracts."However,in almost all standard contracts,exclusion clauses are included more or less. Then,What is exclusion clause?What is the basis of legal principle of the existence of exclusion clause? Are there some special rules when an exclusion clause being concluded in a contract?How to judge the validity of an exclusion clause? Are there some special rules when explaining an exclusion clauses?Which patterns can we adopted to regulate exclusion clauses?Now people have pay more attention to these questions.In this article,on the basis of the research of the predecessor. The emerging of the exemption clause is the unavoidable result of the development of contract and also the embodiment of the "Freedom of Contract". But the abuse of the exemption clause should be forbidden in the standard contract. So, to the entering of the exemption clause into the standard contract, there should be some regulations to restrict it, such as the rule of notifying, the rule of course of dealing and so on. The exemption clause that written in the standard contract didn't become effective all the time, the precondition is that it couldn't go against the legislation and the equitable principle. in this article,by introducing the practices and experiences of the regulation of the exclusion clauses of Germany,Switzerland and Austria, and analyzing the reality of the regulation of the exclusion clauses of China, Through the presentation of China's "Contract Law", "Consumer Protection Act" and relevant laws that exist in the reality , To improve the terms of our Legal Disclaimer, And present an assumption of establishing a integrated and justified framework of the regulation of the exclusion clauses in China.Although the exemption clause has so many disadvantages, its broad use in the standard contract in our real life is still undeniable. So, it's necessary for the legal researcher to do deeper analysis to maximize the benefit of both parties and minimize the damages.