A Study On Online Services Standard Clauses

With economic development, a new contracting approach, standard clauses have been widely used. Because of its convenience and low cost, standard clauses are fond of the businessman. The vast majority of consumer contract contain standard clauses, and some of them even entirely composed of it. Without convenience, standard clauses also become a potential threat of consumer’s legitimate rights.This paper aims to explain the regulations of standard clauses in Chinese and German contract law and use comparative research methods on online services standard clauses. This paper put forward writers own views and suggestions in regulation of standard clauses.Chapter one mainly introduces the basic theory of standard clauses and online contracts, and distinguishes the concept of online contract, standard contract and standard clause. This chapter also explains the generation, characteristic of online services contract and standard clauses.Chapter two introduces the conditions that standard clauses subscribe into the online services contract, including formulation, reminder and explanation.Chapter three discusses the explanation of standard clauses in the online services contracts. Traditional explanation principles are also applicable in the online services contract. But in internet environment, there are some special theories that applicable to online services contracts.Chapter four introduces the effect of online services. How the court finds that the standard clauses are valid, invalid or voidable.Chapter five discusses how to control the standard clauses in online services contracts. The ways to control include legislative control, administrative control, judicial control, consumer protection organization control.