Banking Form Of Contract Terms To Study

With the vigorous development of a free economic system, standardizationof products traded increasingly frequent, in order to facilitate the transactions andreduce the costs, the format provision fills with every comer of our society.Especially the bank is very important for economic development stably about onecountry, so proportion of the format provisions is nearly one hundred percent.Although the floods of format contracts are the inevitable outcome of theeconomic development, the format provision often serves as the tools which theweak are the prey of the strong in economy, then the weak bear the more dangersand more obligations. The author uses the positivism and comparative way toanalyze some relative questions about banking industry format provision verydeeply. Therefore, that how to standard banking industry format provision recoversthe fair and justice of the format provision, is the very important task which themodern law is facing. The author don't hope to make innovations in terms oftheory, and just want to understand deeply the format provision by my owninvestigating and practicing in order to guide my work in future.In addition to this introduction and conclusion, this article is divided into fiveparts:The first part deals with the basic problem of banking industry formatprovision. First, the author gives the definition of banking industry formatprovision and carefully explained Law features about banking format provisions.Second, the author analyzes in detail the provisions of the banking formatobjective and theoretical reasons. Finally, the author points out that it is verynecessary to regulating banking format provisions.The second part lists kinds of existing situations about our life in terms ofpracticing, at the same time, specially explaining the serious unfair and showingindifference to the rights of the customers.The third part introduces the legislation regulations on the format provisionabout other countries and district. The author introduces and analyses briefly fourtypical laws in the world in order to provide some advice when our country worksout reference law. The fourth part carefully introduces that our country regulates the presentsituation of the format provision, analyzing the defects of regulating that about us.First in legislation, although the amounts of our law are very enough, theprovisions are very duplicate and contradictory about each other, lacking of unity.In judicature, because the judicial process is not very perfect at present, at the sametime, it was misled by the traditional freedom of contract principle, causing that themanner of checking format of provision about our courts leans to conservation,even some unfair invalid format provisions that were given validity.The last part mainly analyses how to perfect the format provision regulating.The author states herself views about which how to perfect the format provisionregulating of our bank field in terms of legislation and judicature, finally providingsome suggestions about regulating the format provision.