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On The Format Of The Contract System And Perfect

Posted on:2007-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:J B LiFull Text:PDF
GTID:2206360185979727Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Summary Form contract, also call standard contract , draw wrong conclusions by false analogy contract, mean that was made in advance by one party, and is accepted by the third party not particular , contract with intact and finalizing the design characteristic. Form contract along become vulgar terms settle a bargain and sprout with looks between workshop of western Europe and businessman in the beginning the 19th century, even to this day, science and technology is at a tremendous pace , the high socialization produced and exchanged, one has been important trade system that the form contract has already become in social economic life.Though form contract replace traditional ordinary contract trade form become modern basic shape of transaction already, but there are efficiency and fair contradiction from the day of emerging in it, on one hand, form because contract have content make type , schedule characteristic of taking etc. , can simplify trade procedure , save trade expenses and trade time among trade activity, improve trade efficiency. Form socialization and characteristic of finalizing the design etc. of contract, meet public utilities and other service industries offer repetitiveness' service for numerous consumers requirement, this kind of advantage of it, make the form contract become the trade tool used in numerous and complicated and complicated modern economic trade extensively; On the other hand, but it forms the free and fair relative restriction to contract. The formulation of the form clause person is often in the monopoly position to the goods or service that it offered, or the enterprises offering the same goods or service all use the same content or are similar to the contract terms of the content , obtain the goods or service as to people , have , should accept unfair about style. The drawback of the form contract has been already influencing ordinary consumers' legitimate rights and interests seriously. It may damage the rights and interests of the weak' s party economically at any time too while bringing the facility to our life and high-efficient. To this situation, how to standardize the form contract through the legal means, revitalize its profit , except that its fraud , make it benefit consumer and even the whole society, have already become and improved another important subject of legal system of contract of our country.This text is made up of four parts: Chapter one of the thesis is the introduction. Have mainly explained that study purpose and meaning of the...
Keywords/Search Tags:Form contract, Form clause, Draft in advance, Norm
PDF Full Text Request
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