The Analysis Of The Rules Of Writing Standard Terms Into A Contract

In recent years,the application of formatting clauses is becoming more and more widely.Throughout daily life,formatting terms appear in every aspects in our life,and the format terms have become an indispensable form of transaction.It has many advantages in terms of format,to simplify the transaction process,to improve transaction efficiency,to promote the contract plays an important role,but in terms of format provides a convenient mode of contracting has also brought to the freedom of contract has autonomy restrictions,while standard terms abuse problems.As part of the contract,the form clause should follow the basic logic of the rules of the contract formation,and conform to the basic rules of the contract between the contract and the promise.However,because the format clause is different from other negotiable clauses,it has particularity in the conclusion of contract.Therefore,it is necessary to perfect the contract rules of the standard clauses.Aiming at the existing provisions of the format clause,namely,the thirty-ninth contract law,we need to clarify some iss ues such as "fair principle","reasonable way","according to requirements" and so on.Among them,the principle of fairness,or the definition of the rules of validity,will directly affect the application of the formatted clauses that violate the rules,and must be clarified.In judicial practice,the principle of fairness that specific factors which should be considered,from the contract made the rights and obligations of risk allocation and equal for both parties of contract should be determined with reasonable analysis of two aspects;take reasonable way to please the other party’s attention to this problem,through the analysis of reasonable way the typical case,the judicial case analysis form,summarizes our country court on a reasonable way to consider that.In addition,the insurance contract with a strong ability of professional knowledge,information asymmetry and other distinctive characteristics,has a special status in terms of format,need to be special for the analysis;the provider clause obligations of this problem,China should learn from foreign legislation from passive to active duty of explanation that obligation,and define that range.Based on the above analysis,we should improve the three aspects of the terms,including the terms and conditions of the contract,the obligation of explanation,and the application scope of the rules,so as to make some contributions to the perfection of the standard clauses in our future civil code contract.