Traditional Culture Encyclopedia - Traditional culture - What are the shortcomings of standard contract, and how does the law regulate the shortcomings of standard contract?
What are the shortcomings of standard contract, and how does the law regulate the shortcomings of standard contract?
Although the format contract has the advantages of saving transaction costs, improving security, improving transaction efficiency and fairness, it also inevitably brings some negative effects that cannot be ignored. 1. Due to the characteristics of standard contracts, the principle of freedom of contract is relatively restricted and violated. 2. Format contracts tend to make self-serving and unfavorable contents to the other party. The format contract is drawn up in advance and is unilateral and decisive. In order to maximize their interests, they seldom or completely consider the interests of the opposite party, which often becomes a tool for them to monopolize and force consumers. From the above analysis, we can see that, firstly, the standard contract has special functions that other contracts can't match, and it is widely used in all fields of market transactions, and its role is irreplaceable, which can promote the development of economy and production more effectively than ordinary contracts. Second, if the legislation can't regulate the standard contract well, it is likely to cause flooding and economic disorder. Articles 39, 40 and 4 1 of the Contract Law make specific provisions on the standard contract: First, it stipulates the obligations of the standard contract providers, that is, when providing the contract, the providers require that the content of the standard clauses should follow the principle of fairness; The provider of standard terms has the obligation to remind the other party; The second obligation to explain the standard terms at the request of the other party is to stipulate that the standard terms are invalid. If one party violates the provisions of Articles 52 and 53 of the Contract Law or provides a standard clause, which exempts the other party from liability, aggravates the other party's liability or excludes the other party's main rights, the clause is invalid. The third is to stipulate the rules of interpretation of disputes over standard terms. When there is a dispute over the interpretation of standard terms, three special principles of interpretation should be adopted: interpretation according to the usual understanding; An interpretation that is unfavorable to the provider of the terms; If the standard terms are inconsistent with the non-standard terms, the non-standard terms shall be adopted.
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