论我国合同法上的显失公平规则-民商法专业论文.docxVIP

II II Abstract The unfair rules are an important part of the contract validity system in China. It achieve the purpose of correcting an unfair contract by grant the rights of change or revoke contract or contract terms. With the increasing depth development of economic globalization, the social and legal values become increasingly important. Global commercial transactions extremely frequent trading unprecedented scale, dealers and consumers alarming gap between the strength of the expansion, It make us to do a new build new comb of the unfair rules, hope to male the unfair rules of the legislation and practice can better follow-up times. The analysis of connotation and denotation thought that in the Supreme Peoples Courts Interpretation on the Implementation of the General Principles of Civil Law, the section 72 of the obviously unfair was not accurate enough. Certain supplements and extension should be offered on connotation and denotation, i.e. we should add such contents as In the acts of consideration……or take advantage of excessive rash of the other or other reasons, and non-sufficient conscious and non-really voluntary acts of the injured party on the basis of the section 72 of the General Principles of Civil Law. It should be defined as: one of the parties make use of each other reckless, no experience or other reasons, resulting the rights and obligations of both sides in clear violation of the principle of the value of freedom, order, efficient, and the injured party are in the true non-fully conscious voluntary act, can be identified as obviously unfair. on the elements of the obviously unfair, that both objective approach and subjective and objective approach are not appropriate. The former only concerned the objective results while neglect the subjective reasons, and the latter concerned with subjective reasons while neglect the subjective reasons such as non-really voluntary and great mistakes of the injured party. Therefore, the reasons for the injure