论文部分内容阅读
契约自由原则是合同法的重要原则,但是随着商品经济的发展,格式条款应运而生,它的出现在对契约自由原则产生冲击的同时对合同法的发展也产生了重要影响,所以各国法律在承认格式条款存在的基础上,又严格规定了无效的格式条款,我国合同法也对无效格式条款的构成要件进行了相应的规定,但不够完整,本文拟依据《合同法》的规定对格式条款无效问题试作探讨。
The principle of contract freedom is an important principle of contract law. However, with the development of commodity economy, format clauses come into being. Its appearance has an impact on the freedom of contract principle and also has an important influence on the development of contract law. Therefore, On the basis of recognizing the existence of the format clause, the invalid format clause is strictly stipulated. The contract law of our country also stipulates the constitutional requirements of the invalid format clause, but it is not complete enough. This article is based on the provisions of the “Contract Law” Trial Discussion on the Invalid Terms.