| In order to protect the reasonable rights and interests of the buyer in the field of decoration of the commercial housing,investigate and analyze specific types of decoration standard terms and cases of the commercial housing pre-sale contract.The study of the basic situation of standard terms about decoration in our country,status of judicial cognizance about standard terms,found that the rules about decoration sandard clause of commodity house pre-sale contract exists problems,so draw lessons from foreign legislative technology,put forward that the content control of the decoration standard term should be combined with corresponding prohibitive standard terms list and out to the principle of good faith.A clear list of invalidation clauses or prohibition clauses is conducive to the protection of consumers’ reasonable rights and contract purposes,such as the clear conditions of delivery of the full installation of the house,avoiding the developer’s unilateral right to change the terms,recognizing refused right of buyers.In the case that it is inconvenient to prohibit by specific typification clauses,the validity of standard clauses should be examined by the principle of good faith.So as to narrow the scope of the court’s discretion in determining standard terms and reduce the possibility of the buyer being harmed.In view of the problems existing in the system of standard terms for decoration of commercial houses,this paper puts forward the legal rules for the content control of specific standard terms from the perspective of legislation.From the administrative supervision,point of view to improve the decoration demonstration provisions,strengthen the pre-supervision and do a good job in the intermediary work;From the perspective of judicial supervision,this paper puts forward the main rights,and at the same time,it uses typed cases to guide the validation of standard clauses to protect the buyers of fully equipped pre-sale houses from unfair standard clauses. |
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