Study On Validity Of Standard Contract Terms

As long as the prosperity of the market economy, standard contract terms appear in people' economic life widely and become a developing trend of the contract. The use of standard contract terms is good for decreasing the trading cost, and makes the two parts get rid of the numerous negotiations because of the convenience and high-effect. But standard contract terms also have big defect that the providing part may state many unfair terms for its politic and economic advantage, which could infringe the other part's benefit. As to these characters, almost all countries admit the importance of standard contract terms for modern economic development, and give restriction while trying to develop it, especially pass law to overcome its defect. The Article 39-41 of the Contract Law of China and their judicatory explanation also make clear regulations to standard contract terms. But the key point in the system of standard contract terms is the effectiveness of it---how to control and judge the effect of standard contract terms comprehensively, under the principle of contract freedom. The only regulation to the effectiveness of standard contract terms is Article 40 of the Contract Law of China and its judicatory explanation, which is very abstract and principle and difficult to practice, can not satisfy the need of the ordinary economic life. For the defects of standard contract terms system and the loss of the legislation, the other part of the contract can not get powerful legal security and the normal economic order can not be protected. So the research to the effectiveness of standard contract terms is a very important area needing deep exhumation, and meaningful in theory and practice. For these reasons, this paper is to research the effectiveness of standard contract terms on the basis of case and follow the way of forwarding the issue-analyzing the issue-resolving the issue. This paper includes 5 parts except the Introduction, the Case and the Closing.Part1 is mainly about the basic legal theory introduction of the effectiveness of standard contract terms. It tries to give the reader a basic concept by giving a definition of standard contract terms, then analyzes and explains it clearly to make sure that the reader understands the reason and meaning of its broad using in economic life.Part2 is mainly about the restriction of the effectiveness of standard contract terms. Stress the necessity of the legislative restriction to the effectiveness of standard contract terms from the point of the goodness and defect of it, and elaborate the way of the legislative and judicial restriction to the standard contract terms.Part3 is mainly about the judge standard of the effectiveness of standard contract terms. Explaining the inefficacy of the standard contract terms which go against the force regulation of the Contract Law and Civil Law firstly; then introducing the two basic principals of civil law- public order principal and honest and credit principal, which are used to judge the effectiveness of standard contract terms; discussing the concrete regulations of judging the effectiveness of standard contract terms at last.Part4 is mainly about the types of the effectiveness of standard contract terms. Researching the 4 types of it in the Contract Law of China firstly, and introducing 3 types of them, effective type, relatively ineffectiveness and utterly ineffectiveness, according to the practice.Part 5 is providing some advices and methods of how to establish the legal and judicial system for the legislative restriction to the effectiveness of standard contract terms, according to the defect of our legal system.