Research On The Validity Of The Standard Form Exemption Clauses

The standard form exemption clause is one of the invalid standard form clauses of the Contract Law.Article 40 of the Law stipulates that "The one who provides the form clause should bear the adverse consequences,if he avoids his liability,aggravates the other party's responsibility or excludes the other party's rights.However,the first paragraph of Article 39 of the Contract Law stipulates that " one which forms a contract by a formal provision should formulate the rights and obligations between the parties in accordance with the principle of fairness,and take reasonable measures to draw the attention of the other party to explain the terms in accordance with the requirements of the other party.As a result,as one of the types of invalid format clause of the special legal norms,whether it is invalid because of the "exemption" agreement,or under the principle of fairness of the elements and based on the prompt and description obligation to fulfill is still valid,which is theproblem to be solved in the article.This article describes the following: First,the prompt and description obligation of standard form exemption clauses is the judgment to enter into a contract rather than the validity of the criteria for determining the validity of the contract,or even the revocable reasons of "judicial interpretation of the Contract Law"(II)Article 9.That is,the first paragraph of Article 39 of the Contract Law stipulates that the obligation to explain the contract terms is not valid or invalid statutory conditions,or the revocable reasons.It is the first contractual obligation.Second,Article 40 of the Contract Law is unreasonable,which should be limited to the provisions of the interpretation.Judging from the relevant judicial precedent,the judicial practice has made a beneficial exploration.That is,based on the principle of fairness,the elements of fairness should determine the validity of the standard form exemption clauses.Third,this article will provide legislative and judicial recommendations on the validity of the standard form exemption clauses.