Abstract:The civil and commercial legal theory of format clause is closely related to contract liberty and justice.Format clause is one of the restrictions to contract liberty;meanwhile it can save the cost of modern civil and commercial activities so as to enhance the contract efficiency.The regulation of format clause arises from its restriction on the contract liberty and justice.The main contract regulations on format clause are as follows: juridical regulation on format clause,validity and interpretation of format clause.The judicial interpretation of Contract Law Interpretation Ⅱ concerning format clause is not clear enough in term of validity,especially the form of validity and the judgment of invalidity,which needs further adjustment and perfection in appropriated time.
李绍章. 格式条款的契约法理与规制分析——兼评“《合同法解释(二)》”对格式条款的相关规定[J]. 南昌大学学报(人文社会科学版), 2012, 43(05): 88-.
LI Shao-zhang. Analysis on Contract Legal Theory and Regulation of Format Clause——Concurrent Comment on the Relevant Provisions of Format Clause. , 2012, 43(05): 88-.