Study Of The Basic Problems Of The Standard Terms

Adhension clause is a kind of contract clause which is stipulated beforehand, provided by one party of the contract, and cannot be negotiated when the parties enter into the contract. This kind of contract clause was used so widely in our daily life since the end of nineteen century and the beginning of twenty century that every one of us cannot ignore its influence.Traditionally, a contract can be achieved only through a full negotiation process which may be described as "offer - counteroffer - ... - acceptance" process. However, when it comes to the adhension clause, the disadvantaged party has no right to alter the clause, but can only make choice between "take it or leave it". This kind of contract clause plays an important part in morden enconomy because of the high efficiency and more convenience it brings us, but on the other hand, its negative effects should be under control. This article is trying to probe into this issue, and the text can be divided into four parts.Part One is a basic introduction of adhension clause, which includes the name, definition, characteristics, and the nature of the adhension clause. The author defines the adhension clause in this part as "a kind of contract clause which is stipulated beforehand, provided by one party of the contract, and cannot be negotiated when the parties enter into the contract", and points out its characteristics from four aspects. In addition, the concepts concerned such as "adhension contract"and "standard contract clause" are employed to be compared with the concept "adhension clause" so as to make its connotation clearer.Part Two probes into the value of adhension clause. This kind of clause gives the long-standing contract system new blood and energy, thus enjoys great systematical value and practical value. However, some value straying also unveils at the same time, and the evidence for the straying is that the adhension clause challenges the old principles of contract system of "Freedom" and "Justice". But this kind of value straying is not unrectifiable, and we can achieve the value rectification through state regulation.Thus, Part Three analyses the reasonable control of adhension clause. Many factors will work in controlling the bad effects of it, such as legal regulation,...