On The Format Of The Contract The Parties The Meaning Of That Freedom

Intent-indication is the start of the civil relationship and the core of judicial act. Contract is one of the important judicial acts, intent-indication is also the basic cell of the contract. This paper tries to, through the analysis of all elements of declaration of intention, make a systemic research and explanation on the issue of the party's freedom of intention in on standard form contract, which is the main style of contract in current society. Although there are many differences between the mode of thinking and the model of legislation of civil law system and Anglo-American law system, the contract is the result of the party's freedom of intention (which is decided by the freedom of contract doctrine). In accordance with the viewpoint of traditional declaration of intention theory, the validity of contract depends on whether the party's declaration of intention is complete. In case the declaration of intention is complete, the contract shall come into effect pursuant to the party's intention. However, as a result of the great disparity of the status and economic power between the parties and the unlimited freedom, many unfair events arise. The party's declaration of intention is uncompleted or defective, so it can't be validity. This issue embodies very outstanding in the on standard contract, which shall not be judged in accordance with the traditional declaration of intention theory. Therefore it is necessary to make a modification to such theory. The paper analyzes the elements of intent-indication, and researches the issues in connection with the validity of contract from a new angle.Firstly, this paper defines the concept of on standard form contract and discusses its existence and development in Chapter One. Then this paper set out from the theory of intent indication and Chapter Two mainly discusses whether the other party of the standard form contract can make unrestrained intent-indication or not. The paper holds that the consensus of intent-indication of standard contract has its falsity. Under the threaten of contractmaker, the other party usually fails to make true intent-indication.Chapter Three focuses on the flaw of intent-indication in the standard contract, and gives special remedies according its particularity. In the situation of standard contract, the other party's intent-indication is usually unhealthy, because he has to agree with this contract without negotiating. The main aim of remedies for this kind of contract is to make the benefits of both parties equitable. So this paper suggests the law should correct the duties of the standard contract through the out of pocket rules of contract law or through the interpretation of the contract articles by the judge. This measure confirms to the benefits of both parties best, and conforms to their wills best, so conforms to the principle of contract freedom.