A Study On Regulations Of Standard Terms At Commodity House Purchase And Sales Contract

In recent years, the commercial housing market of our country has a greatdevelopment. With the reform of housing system, increasing income and the rigiddemand of the young people, the commercial housing market will still maintain themomentum of rapid growth. However, the quantity of the disputes of commercialhousing market has also increased a lot, which has greatly encroached the legal rightsof the housing buyers. The reason is that the housing sellers formulate a great deal ofcompulsory clauses depending on his monopoly position, and the housing buyersinexplicably accept these compulsory clauses by their actions. But the buyers’acceptances of compulsory clauses do not mean that the compulsory clauses have alegal status in legal system. At the same time, strictly speaking, compulsory clausesare not the legal concepts. They are the reflections of the discontents of the seller’swhen they have to sign the unfairly clauses provided unilaterally by the sellers. In thelegal sense, compulsory clauses are actually the synonyms of the overlord provisions.So, to express more accurately, the writers in this article will adopt the expressions ofoverlord provisions instead of compulsory clauses. This article is mainly divided intothree parts:In the first part, firstly, by the analysis of the development of the standardclauses, we can conclude that standard clauses adapt to market economy development.The appearance of standard clauses greatly saves the cost of production, and it alsoimproves the transactions efficiency. However, the widespread of standard clausesbrings adverse effects for housing buyers who is in vulnerable position in commercialhousing market. In addition, through the above analysis, we can see that standardclauses are drawn up in advance by the mighty buyers. The standard clauses hasstereotypes, reusability and dependence characters. Ultimately, by analyzing bothparties’ status, contents of the commercial housing contract and the consequence of signing the contract, we can conclude that commercial housing contract is a typicalrepresentative of standard contract.In the second part, by analyzing the advantages of standard contract and themonopoly position of housing sellers, the writer demonstrates that all these abovefactors lead to standardizing of commercial housing contract. Secondly, by illustratingthe commercial housing contract of the reality offered by the sellers, the writer pointsout several typical standard terms traps set by sellers and the writer also give his ownsolutions.In the last part, the writer firstly demonstrates the existing problems aboutoverlord provisions which lie at our current law system. In order to avoid the abusesof standard terms, the writer believes that we have to establish an efficient andintegrated regulation system. Specifically speaking, in legislation field, we couldimprove the current law and formulate standard contract code as soon as possible. Injustice field, the judgers correctly cite the standard terms and the judiciary establishmore judicial interpretation about the application of standard terms. At last, inadministration field, the officers should define their authority and reinforce theintensity of administration supervision.Thus, only by establishing a systematic and efficient regulating system ofstandard terms from legislative, judicial and administrative field, can we effectivelyprevent overlord provisions offered by the sellers. Only in this way, the ordinarypeople can live in peace and enjoy their life.