论格式合同的优缺点(中英文).doc

Discuss advantage and disadvantage of Format contract 1． Introduction 1.1 So-called format contract is put forward by the parties to the contract all the contract stipulations, the other party only briefly all accept or not to accept, no bargaining leeway contract. Format contract appear, ultimately have various objective reasons. Taiwan civil law scholars think, Mr. Huang Yue Qin adhesion contracts are increasingly common, there are three main motivation: 1, the legal behavior or contracting behavior of compulsory tendency. 2, the contracting, failure behavior has become a, to repeat. 3, with a great number of production consumption for content of modern life relations, make enterprises and customers shall hope can simplify the contracting procedures. 1.2 Base on the PRC contract law , article 39“ format clauses is at that time men for repeated use and worked in advance, format contract and in when a contract not negotiated with the other party terms.” Adopt format clauses contract called format contract, or format contract. 2． The advantage of Format contract 2.1 Reduce the contracting cost, improve trading activities benefit, save trade time. Format contract content formatting and specificity in the contracting procedures, simplify the adapted to modern commercial development requirements 2.2 Format contract value of safety. Can advance differentiation risks and maintaining the safety of transactions, forecasting potential legal responsibilities risk transfer to third party. Format contract itself has the safety value, adapted to the needs of market trade, ensure the safety of the transaction. 2.3 For no particular party has fair value. Not because of partys contract status, its ability to perform and social status of different and modify terms, it for different conditions of the people provides free trade fair chance, reflect the laws of fair value. 2.4 Format contract beneficial to the country macroscopical adjusting control. Strengt