Study On The Exemption Clause In Contracts

With the development of market economy, Contract Law plays an very important role in protecting the lawful rights and interests of the parties, adjusting social relations and maintaining the order of market economy. As the superstructure, current Contract Law and some other relevant laws are decided by the economic foundation in China, and in turn promote the development of market economy. From eating out in restaurants, shopping at malls to buying cars or houses, traveling abroad...people’s daily lives are inseparable from contracts at present. As an agreement to establish, change and terminate civil rights and obligations between equal parties, contracts have a close relationship to us. As an important system in Contract Law, liability exemption system is a reflection to the principle of equality and freedom. When certain conditions appear and the purpose of the contracts can not be achieved, liability exemption system gives people a valid way to deal with the rights and obligations between two parties, to distribute responsibilities and risks at the same time. The aim of exemption clause is to limit or remit the responsibilities that may happen in the future to the parties. In order to restrict one party abuses his rights to escape obligations, our country enacts strict rules of effectiveness and explanation to exemption clause, so as to preserve our national interest, public order and interests of the parties, pursuing the fairness and justice in society. This article consists of preface, main body and conclusion. The main body includes four parts: overview of the exemption clause in contracts, effectiveness, explanation rules and legal regulations to the exemption clause. Combined with some related cases analysis, this article points out the problems that should be paid attention to when deal with exemption clause cases in civil judicial practice.