Research On The Related Issues Of Standard Clauses

The birth of the Standard clauses is a requirement of the rapid economic development and high efficiency runs of the human life.With the standardization-production of the products, marketing systems and services systems continued to be standardization, in order to reduce costs and improve the efficiency of transactions, the enterprise use the standard clauses to contract, which lead extensive useing of it. The Standard clauses has created an enormous impetus to modern economic development, but also poses a serious negative impact. So, we must check the Standard clauses strictly when useing it to contract. This article format four aspects to discuss the Standard clauses.The first chapter is the overview of the Standard clauses, discussed from its characteristics,basic meaning and the legal nature of the Standard clauses. The Standard clauses is a contract clauses that in order to contract with the unknown majority of people, one side of the contract drawns up in advance and do not negotiated with the other one side. It owned the characteristics of one side drawn,standardization,combined with Sth. and so on; For its nature there are the contractual say,the regulations say and the factual contract say by theorists.Chapter Two is the establishment of the Standard clauses, discusses its basic rules and elements, as well as commented clause 39 of the Contract Law. Agreement is the basic rules of the Standard clauses to set up, by the contract can be divided into the consumer contracts and the commercial contracts, so their established elements different. And analysed its success and shortage when using clause 39 of the Contract Law to contract, at last arise some improvement advices.Chapter Three is the interpretation of the Standard clauses, mainly discusses its necessity,destination and object, special rules and the the interpretation of the exemption clauses. Polysemy of the text requires us to explain by the the real-meaning of the parties, using the objective rules, strict rules, against to the provider rules and the individual clauses priorities and other rules, and for the exemption clauses interpreting more special. Chapter Four is the effectiveness of the Standard clauses. With the provisions of Contract law, the Standard clauses can be divided into valid and invalid, revocable, and effectiveness-pending these four forms.Since most of the Standard clauses are valid, so this chapter mainly discussed its invalid circumstances, including invalid by violation of mandatory provisions, invalid by violation the principle of fairness and disclaimer invalid situations.