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Format Clause Interpretation Rules Study

Posted on:2017-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:X W HuFull Text:PDF
GTID:2356330512468852Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the modern economies of scale and repeated trading in business activities increased, Format terms has been more and more used frequently. Although format terms have advantages, like reducing both contracting cost, But also caused damage to the other side of the weak,and it is a great challenge to the traditional contract theory. The biggest problem is no doubt the problem of interpretation of format terms which caused by ambiguity of it. But our country laws and regulations on the format terms of the interpretation are too simple.Facing this phenomenon, This paper uses the method of comparative analysis, historical analysis and literature analysis, focuses on the four typical interpretation rules on format terms:non-format terms interpretation first rules, restrictive interpretation rules, usually interpretation rules,unfavorable interpretation rules. And by combing the legislation of our country on the rules for the interpretation of format terms, point out its shortcomings, such as the blank of the law, the content is too abstract, not operational, incomplete with many legal loopholes. In order to improve the rules of our country, I Put forward some proposals through the analysis of the relevant laws and regulations of the interpretation on format terms in foreign countries:making some individual laws, Revising the current laws and regulations, introducing restrictive interpretation rules, Defining the application level of the interpretation rules of each format terms. At the same time, through this paper, the author first proposed interpretation rules of format terms should be applied first to interpretation of format terms.
Keywords/Search Tags:Standard term, Standard terms to explain, Explain rules format terms
PDF Full Text Request
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