Dissertation > Political, legal > Legal > UNIVERSITY > China and France

Reflection on Judicial Control of Standard Form Contract

Author ZhangJianJun
Tutor MaJunJu
School Tsinghua University
Course Civil and Commercial Law
Keywords standard form contract standard terms judicial control justice.
CLC D913
Type Master's thesis
Year 2004
Downloads 403
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The wide application of standard contract form is one of the symbol of the 20th century contract. Compare standard form contract with other traditional contract, it has many characters . The characters of standard form contract include: the priority of main term decided by one party, the uncertainty of acceptor before agreement, the fixation and completion of form and term, the subsidiary of the opposite party of contract. Though standard form contract is different from traditional contract in theory, In nature it is still one kind of civil contract. The emergence of standard form contract has it’s social background. It′s a objective requirement of market economy. From it emergence to a widespread trade form, we can conclude it must have many advantages which fit for economic development. First, adapting to economic development, it can simplify trade procedure, save trade cost and promote efficiency. Second, it can help to safely trade. Last, there is no difference in all the adversaries. On the other hand, there are defects in standard form contract . The wide use of standard form contract has harm the principle of Freedom of Contract and Justice of Contract .The maker may take advantage of standard form contract by working out unfair terms or exempting from regulation, which intend to shift responsibility and risk to harm to the adversary. So we must regulate standard form contract. Judicial control is a important method to regulate standard form contract. It means that court get over the unfair effect of fixed terms in order to protect the opposite party’s interest by judgment for the dispute.According to the judicial control of other countries and districts. The author consider that judicial control is consist of three steps: to examine if the disputed terms have been formed in the contract; to interpret the contract for a definite meaning of the terms; to judge the validity of fixed terms.

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