试论格式条款订入消费者合同

格式条款订入合同是规范和解释格式合同的前提,也是格式条款效力的基础。实践中,使用格式条款的一方通常为经济上的强者,作为消费者一方则处于劣势地位。为了矫正这种不平衡,须对使用格式条款订入消费者合同进行严格的规制,以保护消费者的合法权益。通常,格式条款须经要约阶段的充分明示和承诺阶段的意思合致才能订入合同,且该条款不得为“异常条款”和“与个别约定条款相抵触的条款”。

Agreed After Negotiation

It's the premise that adhesion clauses had been written into adhesion contract when explanations and regulations occur,at the same time,it's the foundation of the effect of adhesion clauses.In practice,the part uses adhesion clauses is always stronger than customer in economy.To balance it,strict regulations be claimed on this situation when some adhesion clauses will be written into a contract,so,customer's legal rights can be protected effectively.Usually,before adhesion clauses were moved into a contract,there are two stages exist: a clear show of offer's stage and agreement of acceptance's stage,and the clauses can't be "abnormal clauses" and "conflict with individual promissory clauses".