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Disclaimer Zhu Problem. Form Contract

Posted on:2006-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:X W WeiFull Text:PDF
GTID:2206360152480849Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the market economy ,standard contracts has been utilized more and more comprehensivly .It has become an important format within the styles of modern contracts. Just as one of the scholars pointed:"In the contracts that are concluded by everyman,99% of them are standard contracts. Few people can remember when they conclude their last non-standard contract, Maybe the fact is :Other than standard contract, only some verbal contracts of all the contracts they conclude can make an exception."However,in almost all standard contracts , exclusion clauses are included more or less .Then, What is an exclusion clause on earth?What is the basis of legal principle of the existence of exclusion clause? Why is the regulation of the exclusion clauses necessary?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 payed more attention to these questions .In this article, on the basis of the research of the predecessor, the author will put up an emdedded and comprehensive discussion surrounding these questions. Furthermore,in this article,by introducing the practices and experiences of the regulation of the exclusion clauses of Germany ,England and Taiwan ,and analyzing the reality of the regulation of the exclusion clauses of China ,an assumption of establishing a integrated and justified framework of the regulation of the exclusion clauses in China is presented.
Keywords/Search Tags:Disclaimer
PDF Full Text Request
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