The Research On Format Terms Of Commercial Contract

With rapid economic development, people’s life more efficient, standard terms should be born however. Due to the development of the standardization of products and services, businessman in order to reduce costs, improve the efficiency of transactions, use of format terms contract, monopoly, the development of public utilities, and high transaction costs, which is accepted format clauses in the contract, in the field of commercial contract, the other party, subject and even will also propose favorable terms of the format, let the other side is signed, and promote the wide application of format terms. Commercial format terms are widely used in the contract,which has a great influence on economic growth and at the same time also brought certain negative impact. Therefore, when using standard terms to enter into a contract, to adjust format terms. This paper from four aspects of format terms related problems were discussed.The first chapter overview of commercial contract format terms, mainly discusses the meaning and characteristic of format terms, the advantages and disadvantages of format clauses, etc. commercial contract format terms, refers to the business main body by a party in the commercial activities, subject to the terms of the contract in advance; So there are unilaterally proposed qualitative, adhesion, adhesion characteristics. Based on the standard terms according to the characteristics of discusses the advantages and disadvantages it has, the need for regulation to protect the interests of the other party in contract.The second chapter format terms into the contract, can be divided into fixed into a commercial contract and consumer contracts, this article is to the commercial terms of format contract adjustment, so focus on format terms into a commercial contract. Expounds the principle of fixed into the contract, notice, only discuss about format contract terms,which have been set into the effect on the problem and the regulation of it.The third chapter is mainly on commercial terms of format contract explanation, because of the standard term is different with the general terms of the contract, so explain rules also has particularity. Has the objective interpretation, unified explanation, harmonic interpretation, explanation when in doubt, individual articles priority explanation, etc.Chapter four analyze the standard term effectiveness, format terms as well as other terms of the contract can be divided into effective, ineffective, revocable, and four with pending validity effectiveness model. But the most effective format terms, so it mainly discuss the standard term is invalid. The fifth chapter discusses the regulation of format clauses, main patterns are legislative regulation, judicial regulation, administrative regulation and self-discipline, the news media supervision, etc. No single way to comprehensive adjustment of format clauses, need all the way to cooperate with each other, form a system.