The Study Of Formalism For The Contract

Accompanied by the defects of the principle of freedom of contractform, the value of the compulsory norm for the form has been reassessed.The formalism, as the tool which the legislator tasks to satisfy certainobjective and legal policy, has the theoretical basis and practicalsignificance. In China’s Contract Law, the compulsory norm for the form isshort of the uniform standards, which causes the trouble and confusion inappliance. So by briefly outlining the history of the formal norm andanalyzing its meaning in current situation, this article led us to build thejustifiability of the formalism and carried out research surrounding the goalof the compulsory form.This article consists of four chapters:Chapter one discussed the history of the compulsory norm for theform and the reflection of it. In this chapter, the article briefly outlined theconcept of contract form and the history of its system and analyzed how thenature and position of it change. So we can get the conclusion that intoday’s society, the compulsory form is justified if we can properly dealwith the relationship between the compulsory form and the principle offreedom of contracts. Besides, when we set the rule of compulsory form,we should stick to the purpose of the rule.Chapter tow analyzed the rationality of the formal norm. This articlecarried out reasoning surrounding tow problems: first, the relationshipbetween the compulsory form and the principle of freedom of contracts;second, the function of the compulsory form. The analysis could show thefollowing study the direction.Chapter three discussed the core issue of the formal form. Based onthe study of the legislations in Civil law in many nations and relevanttheoretical disputes, this paper further reviewed the application scope of the compulsory form of contracts and the legal effect of the violation offormability rules. It believes that when we define the application scope ofthe compulsory form and the consequence of the violation of formabilityrules, we should seriously consider the feature and function of every formand focus on the objective pursued by the relevant formality stipulation.Chapter four discussed the correction of the formal defect. Becausethe strict application of formal norm might lead to unfair outcome, it’snecessary to establish other ways of corrections specific formal contract.The rule of correction by performance and the principle of good faith arethe suitable choices. This paper respectively introduces the legislation andcurrent situation of the rule of correction in many nations. Based on theabove study, the author reviewed the correction of formal defect establishedby Chinese Contact Law and presents that we should reconstruct them.