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The Unfair System Research

Posted on:2013-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:W Y SunFull Text:PDF
GTID:2246330374954741Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The system of doctrine of unconscionability undertakes a task to protect theintegrity of the procedures for contract and the fairness of contract terms as a product ofcontractual justice in the new era. Due to the development of Monopolistic economyand the emergence of a large number of standard form of contract, the traditionalfreedom of contract theory collapsed and unfair terms emerged in late19th Century andearly20th Century. The so-called traditional freedom of contract theory no longernaturally oriented justice, the principle of freedom of contract was often used,bargaining process was deprived because of the the widening gap between the twoparties power,more and more unfair terms apper appeared in contracts,therefore povertygap became biger year after year. And more and more countries pay attentiont to thesystem of doctrine of unconscionability. Currently,there are only a few words aboutdoctrine of unconscionability in the law of our country,and the judicial interpretation in1988is outdated now.This article start with the background of doctrine ofunconscionability, try to find a way to improve the doctrine of unconscionability inChina by studing and learning from the excellent foreign-related legislation.Inaddition,this article put forward the specific design of the system of doctrine ofunconscionability and hope to provide useful ideas in this area for our future "CivilCodeā€.
Keywords/Search Tags:Contractual justice, Theory of value, Doctrine of unconscionability
PDF Full Text Request
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