格式免责条款法律效力比较研究

订入消费者格式合同中的免责条款的效力,是社会各界关注的焦点。各国立法和司法对格式合同条款的 规制存在一定差异,但在确定格式免责条款的效力时,都会考虑条款是否订入合同、是否公平合理。鉴于不合理、 不公平的格式合同免责条款在我国有泛滥之势,我国应综合利用多种模式完善对格式合同免责条款的规制。

A Comparative Study of the Validity of Standard Form Exemption Terms

The validity of the exemption terms incorporated into the consumption contracts is the concern of the society and the consumers. Therefore, it's particularly important to regulate the validity of such terms. Although some differences exist in the legislation and jurisdiction of different countries, it is customary practice for the courts to consider whether the terms in question have been incorporated into the contract and whether they are fair or reasonable when deciding their validity. In view of the fact that such terms are more likely to be concluded into consumer standard form contracts in our country, it's necessary to make a comprehensive use of various models for regulation.