On The Exemption Clause In The Contract

As format contracts are widely used in daily life, a series of problems of theexclusion clause are becoming more and more serious. This thesis discusses a numberof legal issues aroused by exclusion clause through demonstration measure,comparative means and the analytical method.This thesis is divided into four parts. The first part is the summarization of theexclusion clauses. It systemically introduces the concept, characteristics, categories andtheoretic basic for the existence of the exclusion clauses, then concludes consequentlythat such clauses are agreed by both parties on the exempt or alleviation of their futureliabilities, and that the existence of such clauses dose bear economical rationality.The second part discusses the judgment on exclusion clauses' effectiveness. Itstarts with the premise that the exclusion clauses must be involved in the contract,expatiates on issues such as the rules of the premise, criterion of the judgment oneffectiveness and whether the very clauses have the effectiveness on the third party, etc.The third part is the interpretation of the very clause. It analyses the rules andmeasures of the interpretation, and states the judicial practice in our country.The fourth part analyses and discusses on the control of the exclusion clause. Thispart also proposes suggestions for further perfection of exclusion clauses in China,which is based on the research of the common theory, oversea study results and theanalysis of the status quo of such clauses in China.