Research On Administrative Contract’s Judicial Relief

Disclaimer of format contract is defined as format contract both sides agreed to limit or be exempted from liability under the terms of their future. Format terms are set by the contract ahead of a party for repeated use, the counterpart of format terms are used in uncertainty, the content of the standard clauses with specificity. Notifications are set basedonthe principle of honesty and credit, it is to protect the vulnerable party in the contract. Format terms who offer have the obligation to notify the disclaimer to another party. In accordance with the requirements of thepartymake a notification. However, we are faced many difficulties, For example. Notify methods and performance standards of the format contract has no lawal explicitly. Theillegal cost is low. The burden of proof is difficult.We use a lot of format contracts. On the one hand, we increase the economic benefit. We reduce the cost. On the other hand, we lose the power, between in the spirit of freedom of contract and the private law autonomy which one we can choose, it is a major challenge now. It is a very important hot topic in the field of contract law. So, the author puts forward the legislation perfect scope of the disclaimer notice obligation, Strengthen the provider’s burden of proof, Strengthening self-discipline. We must guarantee that format contract who not make party have the right to receive notification.