The Fairness Examinationg Of Standard Terms

In modern German unfair terms review factors adopted the classification standard method with general principles of the “black list” and “grey list”, namely the unfair factors of review. In addition, according to the severity of the unfair factors of different unfair terms divided into absolute invalid and relatively invalid two categories, such as format system for articles belonging to the “black list” list, the judge is directly declared and the invalid for unfair terms; such as belonging to the “grey list” list, the unfair factors need to be combined with the specific circumstances related to the judgment of the clause is serious, and finally whether it conforms to the principle of good faith, whether to conform to the contract, whether the reasonable duty of prompt factors such as a comprehensive review, to determine whether the format of the terms of unfair terms. The common law is also the basic way to adopt grading examination. I thinks that it is necessary to adopt the classification method in terms of the contract format fairness review, rather than the absolute invalid without and distinction, in order to achieve not only can promote the transaction, but also safeguard the fair.