Standard Terms In The Perspective Of Compilation Of Civil Code

The current civil law in Japan was enacted in 1896 and implemented in 1898.In the long history of nearly 120 years,the field of debt law in Japanese civil law has never been completely revised.On October 28,2009,the Japanese Minister of Justice issued the "No.88 Consultation" to the Legislative Council,and finally officially began the revision of the field of debt law.In the same year,the Ministry of Justice established the Civil Law(Debt-Responsibility)Branch of the Legal Review Council(hereinafter referred to as the “Club”),and held its first meeting on November 24 to begin deliberation on the legal provisions of the contract-centered creditor relationship.The specific modification process since then is divided into three phases.The first stage is to organize the arguments for the legal content to be revised.The second stage is to form a mid-term trial by further discussing the changes according to the arguments.The third stage is the integration of the legal amendments and the formation of the final outline for submission to the National Assembly.In the provisional congress in the fall of 2016,the House of Representatives began a substantive review of the “Revising the Civil Law Part of the Civil Law” proposed by the Cabinet based on the scholars' outlines and passed it on April 14,2017.Subsequently,the Senate passed the amendment law on May 26 of the same year.TheJapanese official newspaper published the law in the form of Law No.44 of the 29 th year of the same year on June 2 of the same year.As one of the new contents of this debt law amendment,the format clause has the following four aspects: the definition of the format clause,the agreement of the format clause,the representation of the format clause content,and the change of the format clause.Based on the legal provisions and legislative documents of the format clauses in the Japanese Debt Law Amendment,this paper combines the previous jurisprudence and doctrine to conduct a comprehensive study of the Japanese format provisions.In summary,this debt law amendment clarifies the definition of the format clause,that is,the total of the terms prepared by the specific person for the purpose of forming the contract content in the final transaction.Satisfy "the intention to use the format clause as the content of the contract","the party preparing the format clause(hereinafter referred to as " the format clause preparer ")informs the other party in advance of the meaning of the format clause as the content of the contract." The content reached a consensus.The amendment also stipulates the obligation to explain the format clauses.In the considerable period after the contracted transaction is agreed or after the contractual transaction is agreed,if the counterparty requests it,it must be in an appropriate manner and without delay.The content of the terms.The change of the format clause is in line with the general interests of the relative person,and does not violate the purpose of the contract,according to the necessity of the change,the appropriateness of the content after the change,whether or not there is a meaning and content of the change of the format clause according to the provisions of this article.If the matter related to the change is reasonable,the contract content can be changed.Through the comparative analysis of the provisions of the Japanese debt law amendments and the provisions of the relevant provisions of the "Contract Law" of China.The author believes that Japan's new format clauses have certain reference significance for China's perfect format provisions.First,the highly transparent and professional Japanese revision model has demonstrated the revision of China's subsequent civil law.Second,it has profound implications on how to resolve theinternal logic contradictions in China's "Contract Law." Third,it fills in the gaps in the provisions of the contract law in China.