Form Contract Disclaimer Study

Standard contract is an important format within the styles of modern contracts in Market Economy. However, exemption clauses are included more or less in all standard contracts. This kind of exemption clauses is always put into contracts by the stronger economic parties of the contract for decreasing the cost of the deal, increasing the efficiency and averting the risk. However, because of the monopoly position or quasi-monopoly position of one party in some special area, the exemption clauses he offered always protect his own interests more, while strengthening the other party's burden, so it will cause the imbalance of the interests of the two parties. The other party is in the weaker economic position, so he is impossible to do some exemption clauses. Instead, "take it or leave it" becomes so popular. To search a better way for regulating the clauses to balance the interests of the two parties is an important proposition which combines the theory and practice in Contract Law.The article is divided into four chapters. Introduce presents the reason of the author's research, the basic theory and the main problem about the issue. In addition, the purpose of the writing is introduced. The first chapter is commenced with the connotation of standard contract, then, defines the conception of exemption clauses in standard contract accurately and presents the history background of it for the description of its basics of its being and development. The second chapter discusses the necessity and jurisprudence standard for the regulations of exemption clauses in standard contract. The third chapter analyses the basic approaches of regulations of exemption clauses in standard contract in both the macro and micro level, concluding anti-monopoly, the rule for becoming a part of a standard contract, the conditions of taking effect of exemption clauses in standard contract and the special rules of explaining the clauses. The fourth chapter analyzes the characteristics of the regulations of Chinese legal systems on the exemption clauses in standard contract, and puts forward legislative suggestions, which includes further perfecting the legislation on the exemption clauses in standard contract, concluding patterns of legislation, judicial control and others, such as administrative regulation.