Research On The System Of Doctrine Of Unconscionability

Fairness is ethics market activity; it set a moral scale for people to conduct activities in the market. The provision history of Fairness in Contracts is so long, and fairness is closely related to commodity exchange which is the same as market activity. The most famous example is a special provision which is cancel the contract because of unconscionability, it correct unfair consequence that is arising from violation of the principle of fairness. It derives from ancient Roman law, and later it was adopted by law in most country. It's also accepted by Chinese Civil Law, unconscionability in Chinese Civil Law is provision of revocable civil act, it's also confirmed in Chinese Contracts. Though the history of unconscionability is so long, the notion and applicable standard of it is so difference in different countries, even in some country, it is not exsited. There are some discussions about unconscionability in the Chinese law field of theoretical and practical. Declaration of intention's flaw is the premise of unconscionability, it's closely related to declaration of intention as a institution of autonomy in private law. Unconscionability compensate the relationship of freedom and just, it ensure conclusion of contract's free and regulate unfair consequence especially protect weak parties in the market's contract field, as support society's full just. It's in a period of rapid economic development in China, civil action increasingly complicated, it's necessary to clear the rules of unconscionability, and reference advanced legislative experience of other countries, and refined them. It will be more valuable, more conducive to economic development and better protect the legal interests in Contracts.