Form Contract Disclaimer Study

With the profound changes in economic life, Format contract has become common trade form. Everyone hope to simplify the contracting procedures to comply with the contracting life rhythm, satisfy the shortcut to the pursuit of efficiency, and reduce the contracting cost in Format contract. But, one often uses the advantages in the contract increase special clauses or develops a format contract. If other can accept, the contract will be given full effect. In order to balance the benefit relationship, protect trading counterpart, it is necessary to increase the responsibility Strict that provide format contract. This is not only advantageous to fulfill the contract correctly, but also can protect vulnerable party interests. At the same time it also can clarify the rights and obligations in the dispute cases. Disclaimer has superiority, also has its congenital deficiency in format contract. How to use effective ways to balance the advantages and disadvantages of format clauses and to stop the provider who use his advantages to damage contract equality and liberty become an important task of modern contract law. Format clauses is particularity in formation and content of equal consultation, etc. The explanation has its own characteristics. Thus, it is necessary to highlight the differences with common terms. So, when format contract dispute, the explanation should adhere to the principles of fairness and realize the benefit balance.