试论定式合同的解释

定式合同并非于交易之际由当事人就合同内容个别、具体的磋商而成立,它与一般合同之成立,显然有所不同;对定式合同条款进行解释时所遵循的原则和方法与一般合同解释也必然会有所不同.因此,在对定式合同条款进行解释时,应遵循有利于相对人这一原则,以规制定式合同中可能出现的不公平条款,平衡当事人之间的利益,维护社会公平和契约正义.

On the Interpretation of Contract of Adhesion

In a transaction,contract of adhesion is not established by the concerned parties'individual consultation based on the content of a contract.Its establishment differs greatly from that of common contracts.Therefore,in interpreting items of such a contract,the principles we should follow must have their own disparities.The author holds that,in the interpretation of items in a contract of adhesion,a principle that is beneficial to the other party should be followed.In this way,we can prevent the probable unfair items from appearing in a contract of adhesion,balance the interests between the concerned parties,and maintain justice both in contract and in society.