Research On Standard Clauses

Contract Law、Consumers Interests Protection Law and Insurance Law all haverelevant articles on the effectiveness of the standard clauses. Because the lawstipulates that vague,need to be further defined standard, this article from this angle,after in clear terms what was format, introduced the standard terms in China and someother countries and regions of the current legislation, hoping to be inspired, to learn.In this paper, a detailed summary on the three characteristics of the firstpart of the terms of format, then compared the concept confusion some easy and the terms of the format, such as the format of the contract, the model contract, format text, in order to become more prominent format terms, introducesthe format provisions shop notices, notices and other special forms of network,to to format articles on a variety of forms to make accurate judgments in other circumstances.The second part introduced our country to the form provision potency rules and regulations, the form provision invalid already has the general invalid situation, also has the special invalid situation.Was connected the law the theorists regarding the law of contract in to have the contradiction view to do has combed with the explanation, caused the law of contract entire legislation logic to be smoother.The third part has enumerated Israeli, German, French, South Korean as well as the Taiwan area about the form provision legislation place of and makes thecorresponding review, proposed in must study Germany to the form provision limit inthe way which unifies the principled standard legislation and the direct prohibitionlegislation, studies the Taiwan area to be clear about the examination contract potencythe concrete standard, and characteristic announces the guidance case by the mosthigh court, specially Taiwan area administrative rules and regulations.How afterwardsto consummates our country form provision the legislation to put forward theproposal.First must formulate the judgment form provision is the effective standard,but also must give the consumer to form contract reasonable scrutinization period,stipulated the unusual provision does not have to subscribe into the contract, theindustry and commerce administration department may be possible to record the itemfor the specific contract announcement form provision and cannot record the item.