论格式条款——兼谈合同法及司法解释中格式条款效力民商法专业论文.docx

1 1 2 2 Abstract The formats Terms parties in order to facilitate future transactions repeated behavior developed early, and did not consult with each other terms. In todays market economy environment, the terms of format has been widely adopted, the advantages of low cost, high efficiency to meet the modern market economy, to bring unlimited vigor and vitality to the market economy, has incomparable advantages of the traditional terms of the contract. However, Chinas current legal system, there are lack of necessary regulatory means of the standard terms of defects, bring some negative impact to the application of the standard terms in practice: provider of standard terms often have a market monopoly enterprises, these enterprises, with its dominant position in order to pursue the maximization of their own economic interests, in terms of the format specified in the contract which available to trading counterparties, often against the legitimate rights and interests of consumers, in the meantime also violates the fundamental values of fairness, justice and other legal. In this paper, as a foothold to analyze the status quo of Chinas existing laws for the regulation of the standard terms, pointed out that one of the inadequacies and put forward suggestions for improvement. This article consists of five parts, a total of about 17,000 words. Part I: the the case introduce issues raised. The main content of Jianyang City, the Peoples Insurance Company of China branch by Guoguang Agrochemical Co., Ltd. v. insured property fire loss case introduction and analysis of the main issues of the case is controversial. Part II: the terms of which are summarized format. This section is mainly based on the theoretical research and foreign formats Terms elaborated the concept of standard terms, the characteristics of the standard terms, the terms of the origin and development of the format, the standard terms exist practical significance. The contents of this section is the study of