What is a form contract

What are the more and more extensive use of formatting terms? What is a form contract? What are the types of the formatting terms and contracts? What are the features of the formatting clause contract? The following is introduced by the law express.

First, the contract terms of format: The thirty-ninth clause of the contract law, the second paragraph, stipulates that the format clause is a precondition drawn up by the parties for reusing and is not negotiated with the other party when concluding the contract.

Two, the contract terms of format types

The "contract law" thirty-ninth paragraph second: “ standard terms are prepared in advance by a party for repeated use, and not negotiated with the other party when the contract terms, ” expression types of format terms of format terms in practice is not the same, the diversity of the form. Mainly divided into the following categories:

1. The form terms made by a single enterprise and recorded in the contract.

2. It is made by the relevant administrative departments or trade associations, and is recorded in the contract books by the relevant enterprises directly.

3. In the form of announcements and notices, the format terms are posted to a certain place of business in the form of instructions, notices, instructions and notices.

4, the form clause is printed on a certain bill and document (such as a car ticket, a plane ticket, a telegraph draft, a insurance policy).

Three, the contract terms of format of

1, it shall be prepared by one party in advance. This point shows that the form clause is first drawn up by the party personnel, and does not seek the opinions of the other party at the time of the formulation. For this reason, we should expand the explanation, that is not limited to one party's own prior formulation, but also one party's adoption of third party's standard clauses, such as the contract demonstration text formulated by the competent department and the industry organization, but the model text itself is not the standard clause. However, the contract provisions stipulated by law, whether applicable mandatory provisions or arbitrary clauses supplemented by the parties' functions, are not part of the standard clauses.

2. Reuse. Reuse includes the universality of the applicable objects and the persistence of the applicable time. Generally speaking, the formatting terms are designed to be reused. However, some scholars believe that reusing is not the essential feature of standard clauses, but only for explaining &ldquo. The purpose of preparing &rdquo is in advance, because some format clauses only need to be used once, while ordinary contract terms can also be repeated ·.

3, in concluding the contract, it is not negotiated with the other party. This point emphasizes the characteristics of the attachment or stereotype of the standard terms, that is, the characteristics of the standard clauses are that they can not negotiate with each other (accept or reject) when negotiating, and allow negotiation without negotiating with the other party or giving up the right of negotiation, which is not standard clause.